Zebedeus

Zebedeus v. Mukasey

Good Law
305 F. App'x 393
United States Court of Appeals for the Ninth CircuitDecember 26, 2008No. 05-70754California290 words

Opinion

Lead Opinion

MEMORANDUM **

Johnny Jonathan Zebedeus, his wife, and two children, 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 . We review for substantial evidence, Hakeem v. INS, 273 F.3d 812, 816 (9th Cir.2001), and we deny the petition for review.

The agency denied Zebedeus’ asylum application as time-barred. Petitioners do not challenge this finding in their opening brief.

Substantial evidence supports the agency’s denial of withholding of removal because the harm petitioners suffered on account of their Christian religion does not rise to the level of past persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003). 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 seeking withholding of removal, petitioners failed to demonstrate that it was more likely than not that they will be persecuted if they…

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