Luntungan

Luntungan v. Gonzales

Good Law
132 F. App'x 152
United States Court of Appeals for the Ninth CircuitMay 19, 2005No. 03-73983California249 words

Opinion

Lead Opinion

MEMORANDUM ***

There is substantial evidence in the record as a whole to support the Immigration Judge’s conclusion that Luntungan did not establish that he suffered past persecution or has a well-founded fear of persecution. 1 The harassment and discrimination that Luntungan suffered while in high school, by Muslim students, did not rise to the level of persecution. The same is true of the other incidents.

Moreover, Luntungan cannot demonstrate that he faces “a particularized threat of persecution.” 2 Luntungan’s grandmother voluntarily returned to Manado, Indonesia, where Luntungan had lived with her. She remains there without serious incident even though she is an active member of a Christian church. Christian universities are available, so Luntungan does not face, if he seeks a university education, the mistreatment he received from Muslim students at his public high school.

Because Luntungan has not met the lower burden for asylum, he cannot meet the higher burden for withholding of re *154 moval. 3 Luntungan also has not shown evidence that would entitle him to relief under the Convention Against Torture.

PETITION DENIED.

This disposition is not appropriate for…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.