Neneng Sonia v. Eric Holder, Jr.

MEMORANDUM

Neneng Sonia, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We dismiss in part and grant in part the petition for review, and we remand.

We lack jurisdiction to consider Sonia’s request for CAT relief because she did not exhaust this claim before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004).

With respect to Sonia’s asylum and withholding of removal claims, substantial evidence supports the BIA’s finding that Sonia’s experiences in Indonesia, including threats to burn down the school where she worked during the May 1998 riots, vandalism of a church she attended, and the receipt of phone calls and letters from listeners of her radio show expressing opposition to her teachings, even considered cumulatively, do not constitute past persecution. See…