Setiawan

Setiawan v. Mukasey

Good Law
301 F. App'x 660
United States Court of Appeals for the Ninth CircuitNovember 21, 2008No. 05-75720California286 words

Opinion

lead Opinion

MEMORANDUM **

Rudy Setiawan, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order affirming an immigration judge’s decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence and will uphold the agency’s decision unless the evidence compels a contrary conclusion. INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition for review.

Even if Setiawan’s asylum application was timely, substantial evidence supports the agency’s finding that Setiawan failed to establish that his experiences in Indonesia rise to the level of past persecution or that he has a well-founded fear of future persecution. See Nagoulko v. INS, 333 F.3d 1012, 1016-18 (9th Cir.2003). Further, Setiawan failed to demonstrate the requisite level of individualized risk necessary to establish that he has a well-founded fear of future persecution under the disfavored group analysis. Cf. Sael v. Ashcroft, 386 F.3d 922, 927 (9th Cir.2004). Accordingly, Setiawan failed to establish…

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