Megawati

Megawati v. Holder

Good Law
509 F. App'x 619
United States Court of Appeals for the Ninth CircuitFebruary 15, 2013No. 11-70511California409 words

Opinion

Lead Opinion

MEMORANDUM **

Susan Megawati, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal of an immigration judge’s (“IJ”) decision denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), and review de novo due process claims, Liu v. Holder, 640 F.3d 918, 930 (9th Cir.2011). We deny in part and dismiss in part the petition for review.

Megawati does not challenge the BIA’s dispositive determination that she failed to contest the IJ’s finding that her asylum claim was time barred. See Castro-Perez v. Gonzales, 409 F.3d 1069, 1072 (9th Cir.2005) (failure to specifically and distinctly argue an issue results in waiver). Accordingly, Megawati’s asylum claim fails.

Substantial evidence supports the BIA’s conclusion that Megawati failed to establish her experiences in Indonesia rose to the level of persecution. See Wakkary, 558 F.3d at 1059-60 (concluding that the petitioner’s account of…

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