Sister Sutedja v. Eric Holder, Jr.

Good Law
478 F. App'x 424
United States Court of Appeals for the Ninth CircuitJuly 10, 201209-71645California267 words

Opinion

Opinion

MEMORANDUM

Harto Patih Pancoloi Siahaan, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 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), and we deny the petition for review.

Even if Siahaan’s asylum application was timely-filed, substantial evidence supports the BIA’s finding that Siahaan’s experiences do not rise to the level of persecution. See Halim v. Holder, 590 F.3d 971, 975-76 (9th Cir.2009) (incidents of harassment did not constitute persecution). Further, we reject Siahaan’s request for remand because, even under a disfavored group analysis, the record does not compel the conclusion that Siahaan established sufficient individualized risk of harm to show a well-founded fear of persecution. See id. at 977-80 ; see also Hakeem v. INS, 273 F.3d 812, 816 (9th Cir.2001). Accordingly, his asylum claim fails.

Because Siahaan…

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