Rusli

Rusli v. Mukasey

Good Law
302 F. App'x 698
United States Court of Appeals for the Ninth CircuitDecember 3, 2008No. 04-71528California242 words

Opinion

lead Opinion

MEMORANDUM **

Herry Rusli, a native and citizen of Indonesia, petitions for review of a Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we deny the petition.

Substantial evidence supports the BIA’s conclusion that Rusli did not experience past persecution. See Prasad v. INS, 47 F.3d 336, 340 (9th Cir.1995). Substantial evidence also supports the BIA’s finding that Rusli failed to establish a well-founded fear of persecution because, even as a member of a disfavored group, Rusli did not demonstrate the requisite level of individualized risk. Cf. Sael v. Ashcroft, 386 F.3d 922, 927-29 (9th Cir.2004). Additionally, the record does not establish that Rusli has demonstrated a pattern or practice of persecution against ethnic Chinese Christians in Indonesia. See Lolong v. Gonzales, 484 F.3d 1173, 1178-81 (9th Cir.2007) (en banc). Accordingly, Rusli failed to establish eligibility for asylum.

Because…

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