Harto Siahaan v. Eric Holder, Jr.

MEMORANDUM

Sister Martini Sutedja, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, and we review de novo the agency’s legal determinations. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny the petition for review.

Sutedja concedes that her experiences as an ethnic Chinese Christian woman do not rise to the level of persecution, but she contends they establish a well-founded fear under a disfavored group analysis. We disagree. Even under a disfavored group analysis, the record does not compel the conclusion that Sutedja has established a well-founded fear of persecution, because she has not established sufficient individualized risk of harm. See Halim, v. Holder, 590 F.3d 971, 977-80 (9th Cir.2009); cf. Sael v. Ashcroft, 386 F.3d 922, 927-29 (9th Cir.2004). Accordingly, Sutedja’s asylum claim fails.

Finally, because Sutedja failed to meet the lower burden of proof for asylum, her claim…