Moningka

Moningka v. Gonzales

Good Law
121 F. App'x 271
United States Court of Appeals for the Ninth CircuitFebruary 14, 2005No. 04-70159; Agency No. A79-195-238California324 words

Opinion

Lead Opinion

MEMORANDUM ***

Nikson Moningka, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of the Immigration Judge’s (“IJ”) denial of his application for withholding of removal, voluntary departure, and relief under the Convention Against Torture (“CAT”). We lack jurisdiction to review Moningka’s claim that he was improperly denied voluntary departure. See 8 U.S.C. § 1229c(f); Garcia v. Ashcroft, 368 F.3d 1157, 1159 (9th Cir. 2004) (order). We have jurisdiction under 8 U.S.C. § 1252 over the petition insofar as it concerns Moningka’s claim for withholding of removal and relief under CAT, and we review for substantial evidence the IJ’s determination that Moningka did not demonstrate eligibility for relief. See Hakeem v. INS, 273 F.3d 812, 816 (9th Cir.2001) (withholding of removal); Bellout v. Ashcroft, 363 F.3d 975, 979 (9th Cir. 2004) (CAT).

Substantial evidence supports the IJ’s determination that Moningka has not dem *272 onstrated that it is more likely than not that he will be persecuted in Indonesia. See Rostomian v. INS, 210 F.3d 1088, 1089 (9th Cir.2000) (claim based on general civil strife insufficient to…

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