Harlan Hilman v. Eric H. Holder Jr.

Good Law
483 F. App'x 349
United States Court of Appeals for the Ninth CircuitSeptember 18, 201208-75212California386 words

Opinion

Opinion

Harlan Hilman and Eka Pratisthani Anak Agung Ayu, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s decision denying their application for asylum, withholding of removal, and relief 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, 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.

Substantial evidence supports the BIA’s denial of past persecution because Hilman did not establish his father mistreated him on account of his Christian religion, see Ochave v. INS, 254 F.3d 859, 865-66 (9th Cir.2001) (requiring alien to establish nexus between alleged persecution and a protected ground), and because he did not show his mistreatment by classmates and teachers rose to the level of persecution, see Nagoulko v. INS, 333 F.3d 1012, 1016-17 (9th Cir.2003) (record did not compel finding that Ukrainian Pentecostal Christian who was “teased, bothered, discriminated against and harassed”…

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