Karfendi

Karfendi v. Mukasey

Good Law
300 F. App'x 568
United States Court of Appeals for the Ninth CircuitNovember 20, 2008No. 06-70371California287 words

Opinion

lead Opinion

MEMORANDUM **

Leonard Sunarto Karfendi, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration *569 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 Karfendi’s asylum application as time barred. Karfendi does not challenge this finding.

Substantial evidence supports the agency’s denial of withholding of removal because Karfendi’s experiences did not constitute past persecution. See Rostomian v. INS, 210 F.3d 1088, 1089 (9th Cir.2000). In 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, Karfendi failed to establish 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 Cir. 2003). Further, the record does not compel the…

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