Eka Pebri v. Eric Holder, Jr.

MEMORANDUM

Eka Pebri, 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 claim for asylum, 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 and 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 agency’s decision that, even under a disfavored group analysis, Pebri failed to establish sufficient individualized risk of harm to demonstrate a well-founded fear of persecution. See Halim v. Holder, 590 F.3d 971, 977-79 (9th Cir.2009). The record belies Pebri’s contention that the BIA found ethnic Chinese Indonesians are no longer a disfavored group.

Substantial evidence also supports the agency’s denial of CAT protection because Pebri did not establish it is more likely than not she will be tortured in Indonesia. See Wakkary, 558 F.3d at 1067-68 (no evidence that petitioner would be tortured). In light of this…