Utan

Utan v. Murasey

Good Law
302 F. App'x 542
United States Court of Appeals for the Ninth CircuitNovember 28, 2008No. 04-70003California372 words

Opinion

lead Opinion

MEMORANDUM **

Jade Melissa Utan and her brother Merdy Armand Utan, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s decision denying their application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . Reviewing for substantial evidence, Hoxha v. Ashcroft, 319 F.3d 1179 , 1181-82 n. 4 (9th Cir.2003), we deny the petition for review.

Substantial evidence supports the agency’s finding that the Utans failed to establish past persecution. See id. at 1182 (concluding that beating and unfulfilled threats was not sufficient to compel finding of past persecution).

Substantial evidence also supports the agency’s conclusion that the Utans failed to demonstrate a well-founded fear of future persecution because, although they are members of a disfavored group, they failed to demonstrate sufficient individualized risk of persecution. Cf. Sael v. Ashcroft, 386 F.3d 922, 927-29 (9th Cir.2004). Moreover, the Utans’ voluntary return trip to Indonesia in 1999 undermines their fear of future persecution. See…

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