Tjoe

Tjoe v. Ashcroft

Good Law
107 F. App'x 71
United States Court of Appeals for the Ninth CircuitAugust 17, 2004No. 03-70756California354 words

Opinion

Lead Opinion

MEMORANDUM **

Tjayking Tjoe, a native and citizen of Indonesia, petitions for review from the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, see Lata v. INS, 204 F.3d 1241, 1244 (9th Cir.2000), and we deny the petition.

Substantial evidence supports the IJ’s conclusion that Tjoe failed to establish past persecution or a well-founded fear of future persecution on account of an enumerated ground. See INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). The IJ determined that threats of physical violence made by thugs who also burned down Tjoe’s garage amounted to retaliation for the injuries the thugs suffered when Tjoe drove his car into a mob allegedly to rescue his pastor. No finding of past persecution is compelled because Tjoe suffered no physical harm, nor was he detained as a result of this incident. See Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003) (describing persecution as something other than…

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