Tondang

Tondang v. Mukasey

Good Law
304 F. App'x 646
United States Court of Appeals for the Ninth CircuitDecember 26, 2008No. 06-71747California279 words

Opinion

lead Opinion

MEMORANDUM **

Daniel Tua Tondang, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) 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 IJ denied Tondang’s asylum application as time-barred, which is dispositive of Tondang’s asylum claim.

Substantial evidence supports the Id’s denial of withholding of removal because Tondang’s experiences did not constitute past persecution. See id. at 1016-18 . In addition, even if the disfavored group analysis set forth in Sael v. Ashcroft, 386 F.3d 922, 927-29 (9th Cir.2004) applies to Christian Indonesians in the context of withholding of removal, Ton-dang 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, this record does not establish the conclusion that the…

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