Fang Fang Siauw v. Gonzales

Good Law
123 F. App'x 321
United States Court of Appeals for the Ninth CircuitFebruary 23, 2005No. 03-73882California1,006 words

Opinion

Lead Opinion

MEMORANDUM ***

Fang Fang Siauw, a native and a citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision upholding the Immigration Judge’s (“IJ”) denial of her applications for asylum, withholding of removal and protec *322 tion under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review the BIA’s decision for substantial evidence. See INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992) (holding that the agency’s finding must be upheld unless the evidence not only supports a contrary conclusion, but compels it). We deny the petition for review.

Substantial evidence supports the IJ’s finding that Ms. Siauw is ineligible for asylum. To be eligible for asylum, Ms. Siauw had to prove past persecution or a well-founded fear of future persecution by the Indonesian government, or forces the government is unable or unwilling to control. Knezevic v. Ashcroft, 367 F.3d 1206, 1211 (9th Cir.2004).

With regard to past persecution, Ms. Siauw did not suffer any physical harm or receive any threats of harm based solely on the fact that she is an ethnic Chinese. Ms. Siauw was free…

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