Hermanto

Hermanto v. Ashcroft

Good Law
120 F. App'x 121
United States Court of Appeals for the Ninth CircuitJanuary 14, 2005No. 03-74082California497 words

Opinion

Lead Opinion

MEMORANDUM **

Sofjanarti Hermanto, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s denial of her application for asylum and withholding of removal, and request for relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Lata v. INS, 204 F.3d 1241, 1245 (9th Cir.2000), and reverse only if the evidence compels a contrary conclusion, INS v. Elias-Zacarias, 502 U.S. 478, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition for review.

Even assuming Hermanto testified credibly, substantial evidence supports the BIA’s and IJ’s determination that she has not experienced persecution in Indonesia. Hermanto testified that she was not harmed at any time during any of the events she described, and was not present or protected by police during some of the events. See Prasad v. INS, 47 F.3d 336, 339-40 (9th Cir.1995) (finding no persecution or well-founded fear of persecution where applicant was stopped at roadblock, arrested, detained four to six hours, hit in stomach, kicked, and opposing ethnic group…

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