Kurnia

Kurnia v. Ashcroft

Good Law
107 F. App'x 144
United States Court of Appeals for the Ninth CircuitAugust 19, 2004No. 02-74400; Agency No. A77-815-016California368 words

Opinion

Lead Opinion

MEMORANDUM **

Widya Kurnia, a native and citizen of Indonesia, petitions for review of an order of the Board of Immigration Appeals (“BIA”) summarily affirming the order of an immigration judge (“IJ”) denying her applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we review the IJ’s decision as the final agency determination. Gormley v. Ashcroft, 364 F.3d 1172, 1176 (9th Cir.2004). We review for substantial evidence the determination that Kurnia has not established eligibility for asylum, id., and we deny the petition for review.

Substantial evidence supports the IJ’s decision because the random criminal acts Kurnia experienced while riding buses do not establish persecution. See id. at 1177 . Kurnia failed to establish an objective basis for her fear of future persecution because her testimony about violence against ethnic Chinese in Indonesia was vague and speculative. See Limsico v. INS, 951 F.2d 210, 212 (9th Cir.1991).

Because Kurnia failed to establish eligibility for asylum, she necessarily failed to meet the more stringent standard for withholding of removal.…

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