Setiawan

Setiawan v. Mukasey

Good Law
302 F. App'x 554
United States Court of Appeals for the Ninth CircuitNovember 28, 2008No. 06-72607California271 words

Opinion

lead Opinion

MEMORANDUM **

Hilda Setiawan, a native and citizen of Indonesia, and her husband, a native and citizen of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s decision denying their application for 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, Hoxha v. Ashcroft, 319 F.3d 1179 , 1182 n. 4 (9th Cir.2003), and we deny the petition for review.

Substantial evidence supports the BIA’s denial of withholding of removal because Setiawan did not establish that the harassment she encountered at school, the bus incident, or her experiences during the 1998 riots rose to the level of past persecution. See id. at 1182 ; see also Gormley v. Ashcroft, 364 F.3d 1172, 1177 (9th Cir.2004) (“Random, isolated criminal acts perpetrated by anonymous thieves do not establish persecution”). Furthermore, even if the disfavored group analysis set forth in Sael v. Ashcroft, 386 F.3d 922 (9th Cir.2004) applies in the context of with *555 holding of removal, Setiawan has not demonstrated a clear probability of…

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.