Lie

Lie v. Ashcroft

Good Law
120 F. App'x 168
United States Court of Appeals for the Ninth CircuitJanuary 18, 2005No. 03-73603, A78-657-194California318 words

Opinion

Lead Opinion

MEMORANDUM **

Fransiska Lie, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ decision, which summarily affirmed the Immigration Judge’s (“U”) order denying her application for asylum, withholding of removal and for protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 , and we review for substantial evidence. Gormley v. Ashcroft, 364 F.3d 1172, 1176 (9th Cir. 2004). We deny the petition for review.

*169 Substantial evidence supports the IJ’s finding that the harm that Lie suffered did not rise to the level of past persecution. See Prasad v. INS, 47 F.3d 336, 339-40 (9th Cir.1995); Ghaly v. INS, 58 F.3d 1425, 1431 (9th Cir.1995). On the record before us, Lie failed to establish that ethnic Chinese in Indonesia were subject to the systematic government-sanctioned mistreatment that is required to demonstrate a “pattern or practice” of persecution. See Kotasz v. INS, 31 F.3d 847, 852-53 (9th Cir.1994); 8 C.F.R. § 208.13 (b)(2)(iii)(A).

Because Lie did not establish eligibility for asylum, she necessarily fails to meet the requirements for withholding of removal. See Pedro-Mateo v. INS, 224…

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