Tanudjaja

Tanudjaja v. Ashcroft

Good Law
114 F. App'x 864
United States Court of Appeals for the Ninth CircuitDecember 10, 2004No. 03-73570; Agency No. A75-670-049California320 words

Opinion

Lead Opinion

MEMORANDUM **

Diana Tanudjaja, a native and citizen of Indonesia, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) decision affirming an Immigration Judge’s (“IJ”) decision denying her application for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). She is an ethnically Chinese Catholic. We have jurisdiction under 8 U.S.C. § 1252 , and we review for substantial evidence. INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Because the BIA made its own findings regarding asylum but adopted the IJ’s findings regarding eligibility for withholding of removal and relief under the CAT, we review both decisions. See Wang v. Ashcroft, 341 F.3d 1015, 1020 (9th Cir.2003). We deny the petition.

Substantial evidence supports the BIA’s finding that the harm Tanudjaja suffered did not rise to the level of past persecution. See Prasad v. INS, 47 F.3d 336, 340 (9th Cir.1995). Substantial evidence also supports the BIA’s finding that Tanudjaja *865 failed to demonstrate a well-founded fear of persecution because she failed to show the “comparatively low” individualized risk required by Sael v. Ashcroft,…

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