Herman

Herman v. Gonzales

Good Law
125 F. App'x 886
United States Court of Appeals for the Ninth CircuitApril 11, 2005No. 04-70097; Agency No. A75-660-619California385 words

Opinion

Lead Opinion

*887 MEMORANDUM ***

Eric Herman, a native and citizen of Indonesia who is an ethnic Chinese Christian, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming an immigration judge’s (“U”) denial of his application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we review for substantial evidence. See Aruta v. INS, 80 F.3d 1389, 1393 (9th Cir.1996). Because the BIA gave its own reasons and also adopted the IJ’s reasoning, we review both decisions. See Wang v. Ashcroft, 341 F.3d 1015, 1020 (9th Cir.2003). We deny the petition for review.

Substantial evidence supports the agency’s conclusion that the harm Herman suffered in the past did not rise to the level of persecution. See Nagoulko v. INS, 333 F.3d 1012, 1016 (9th Cir.2003). Substantial evidence also supports the agency’s determination that Herman failed to demonstrate a well-founded fear of future persecution. He failed to show the “comparatively low level of individualized risk” required by Sael v. Ashcroft, 386 F.3d 922, 927 (9th Cir.2004) (internal quotation marks and citation omitted), particularly given that his similarly situated mother and…

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