Sundiman

Sundiman v. Ashcroft

Good Law
101 F. App'x 696
United States Court of Appeals for the Ninth CircuitJune 21, 2004No. 02-74233California524 words

Opinion

Lead Opinion

MEMORANDUM *

Arlene Sundiman, a native and citizen of Indonesia, petitions for review of an order of the Board of Immigration Appeals (“BIA”) affirming an immigration judge’s (“IJ”) decision denying her application for asylum and her request for withholding of removal. We deny the petition for review.

Substantial evidence supports the BIA’s conclusion that Sundiman did not suffer past persecution on account of her ethnicity or religion in Indonesia. The BIA correctly observed that Sundiman was not harmed in Indonesia. It is true that she was forced to hide in her family’s home for three days during riots in Jakarta in May of 1998, that she was in attendance when her church was burned during the riots, and that she received a threat from an employee. Nevertheless, for a petitioner to establish past persecution, she must establish “that the mistreatment she suffered ... was substantially more grievous in kind or degree than the general manifestation of hostility between ... competing ethnic and religious groups.... ” Avetova-Elisseva v. INS, 213 F.3d 1192, 1196 (9th Cir.2000) (alteration in original) (quoting Singh v. INS, 134 F.3d 962, 967 (9th Cir.1998)). Aside from the threat…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.