Indra

Indra v. Mukasey

Good Law
300 F. App'x 563
United States Court of Appeals for the Ninth CircuitNovember 20, 2008No. 06-74598California352 words

Opinion

lead Opinion

MEMORANDUM **

Kusuma Putra Indra, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003), and we deny the petition for review.

The agency denied Indra’s asylum application as time barred. Indra does not challenge this finding in his opening brief.

Substantial evidence supports the BIA’s finding that Indra failed to establish past persecution, see id. at 1016-18 , and Indra has not demonstrated any basis for persecution under Hernandez-Ortiz v. Gonzales, 496 F.3d 1042 (9th Cir.2007). In *564 addition, even if the disfavored group analysis set forth in Sael v. Ashcroft, 386 F.3d 922, 927-29 (9th Cir.2004) applies in the context of withholding of removal, Indra failed to demonstrate that it was more likely than not that he will be persecuted if he returns to Indonesia. See Hoxha v. Ashcroft, 319 F.3d 1179, 1184-85 (9th…

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