Dharmawan

Dharmawan v. Ashcroft

Good Law
113 F. App'x 796
United States Court of Appeals for the Ninth CircuitNovember 1, 2004No. 03-73074California479 words

Opinion

Lead Opinion

MEMORANDUM **

Swanajani Dharmawan, a native and citizen of Indonesia, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) dismissing her appeal from an immigration judge’s denial of withholding of removal. We have jurisdiction pur *797 suant to 8 U.S.C. § 1252 (a). We review the BIA’s decision under the substantial evidence standard and must uphold that decision unless the evidence compels a reasonable factfinder to reach a contrary result. See Hakeem v. INS, 273 F.3d 812, 816 (9th Cir.2001). We deny the petition.

To qualify for withholding of removal, Dharmawan must establish that it is more probable than not that she will suffer persecution if she returns to Indonesia. See El Himri v. Ashcroft, 378 F.3d 932, 937 (9th Cir.2004). Persecution is “the infliction of suffering or harm upon those who differ (in race, religion or political opinion) in a way regarded as offensive.” Ghaly v. INS, 58 F.3d 1425, 1431 (9th Cir.1995) (internal quotation marks and citation omitted). It “is an extreme concept that does not include every sort of treatment our society regards as offensive. Discrimination on the basis of race or religion, as morally reprehensible as it…

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