Limasarian

Limasarian v. Ashcroft

Good Law
108 F. App'x 464
United States Court of Appeals for the Ninth CircuitAugust 20, 2004No. 03-71497California291 words

Opinion

Lead Opinion

MEMORANDUM **

Meisia Limasarian, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s (“IJ”) denial of her application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition.

*465 Where the BIA affirms without an opinion, we review the IJ’s decision as the final agency decision. Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003). We review for substantial evidence the factual findings underlying the IJ’s denial of asylum and withholding of removal. See Gormley v. Ashcroft, 364 F.3d 1172, 1176 (9th Cir.2004).

Substantial evidence supports the IJ’s determination that Limasarian failed to establish a well-founded fear of future persecution on account of her Chinese ethnicity or Christian beliefs because a large number of her similarly-situated family members reside in Indonesia without persecution. See Aruta v. INS, 80 F.3d 1389, 1395 (9th Cir.1996).

Because Limasarian does not satisfy the standard for asylum, she necessarily fails to satisfy the more stringent standard for withholding of removal. See Alvarez-Santos v. INS,…

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.