Tee

Tee v. Ashcroft

Good Law
114 F. App'x 922
United States Court of Appeals for the Ninth CircuitDecember 10, 2004No. 03-72129; Agency Nos. A77-374-632, A77-374-631California416 words

Opinion

Lead Opinion

MEMORANDUM **

Injang Garnadi Tee, an Indonesia citizen of Chinese ethnicity, and his wife, Swandriati Lie, also an Indonesian citizen of Chinese ethnicity, petition for review of the order of the Board of Immigration Appeals affirming without opinion the decision of the Immigration Judge (“IJ”) denying their applications for asylum, withholding of removal, and relief under the Convention Against Torture (“Convention”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Sael v. Ashcroft, 386 F.3d 922, 924 (9th Cir.2004), and we deny the petition for review.

Substantial evidence supports the IJ’s conclusion that the petitioners were not subjected to persecution in Indonesia. See Prasad v. INS, 47 F.3d 336, 340 (9th Cir.1995). Substantial evidence also supports the IJ’s finding that petitioners failed to demonstrate a well-founded fear of future persecution because they failed to show the “comparatively low” individualized risk required by Sael, 386 F.3d at 927 . Because petitioners failed to establish eligibility for asylum, they necessarily fails to meet the requirements for withholding of removal. See Alvarez-Santos v. INS, 332 F.3d 1245, 1254-55…

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.