Arief

Arief v. Holder

Good Law
470 F. App'x 619
United States Court of Appeals for the Ninth CircuitMarch 2, 2012No. 09-71825California379 words

Opinion

Lead Opinion

MEMORANDUM **

Melwanche Arief, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from the immigration judge’s (“IJ”) decision denying his application for asylum, 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 the agency’s factual findings, Santos-Lemus v. Mukasey, 542 F.3d 738, 742 (9th Cir.2008), and we review de novo due process claims, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We deny the petition for review.

Arief does not challenge the agency’s dispositive finding that his application is time-barred. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (issues not supported by argument are deemed abandoned). Accordingly, his asylum claim fails.

With respect to his withholding of removal claim, substantial evidence supports the agency’s findings that Arief s beating by five unknown individuals does not constitute persecution because the government was not involved, and petitioner did not establish that police were unwilling or unable to control his attackers. See…

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