Tandiono

Tandiono v. Holder

Good Law
481 F. App'x 321
United States Court of Appeals for the Ninth CircuitAugust 6, 2012No. 08-71862California400 words

Opinion

Lead Opinion

MEMORANDUM **

Wynnie Tandiono, a native and citizen of Indonesia, seeks review of the order of the Board of Immigration Appeals (“BIA”) that vacated the immigration judge’s grant *322 of asylum and denied withholding of removal and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review the agency’s factual findings for substantial evidence. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny the petition for review.

First, Tandiono argues that she suffered past persecution in Indonesia. Tandiono did not appeal the immigration judge’s adverse finding on this issue to the BIA, and the BIA did not address the question. Accordingly, Tandiono failed to exhaust this claim, and this Court lacks jurisdiction to consider it. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004).

Second, we find that substantial evidence supports the BIA’s finding that Tan-diono’s fear of future persecution is not objectively reasonable. The BIA did not err in finding that Tandiono failed to establish a pattern or practice of persecution against Chinese Christians in Indonesia, as the record does not compel a conclusion “that…

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