Hapidudin

Hapidudin v. Gonzales

Good Law
126 F. App'x 406
United States Court of Appeals for the Ninth CircuitApril 11, 2005No. 03-74688; Agency No. A79-195-336California490 words

Opinion

Lead Opinion

MEMORANDUM ***

Hapidudin appeals a Board of Immigration Appeals (BIA) decision summarily affirming an immigration judge’s (IJ) denial of his claims for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). Hapidudin bases his claims on the general, albeit tragic, state of civil unrest, violence, and poverty found in Indonesia. Although it is clear that Hapidudin subjectively fears returning to Indonesia, under the relevant statutes, precedent, and standard of review, his petition must be denied.

Substantial evidence supports the denial of Hapidudin’s application for asylum and withholding of removal. See Njuguna v. Ashcroft, 374 F.3d 765, 769 (9th Cir.2004). First, the IJ properly determined that Hapdidudin failed to establish a well-founded fear of persecution on account of race, religion, nationality, political opinion, or membership in a particular social group. 8 U.S.C. § 1101 (a)(42)(A). Hapidudin failed to show that any alleged persecution was on account of membership in any of the five statutorily enumerated categories. Additionally, even though he subjectively feared returning to Indonesia, Hapidudin failed to show that these fears were…

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