Tambunan

Tambunan v. Holder

Good Law
538 F. App'x 767
United States Court of Appeals for the Ninth CircuitAugust 16, 2013No. 11-73039California386 words

Opinion

Lead Opinion

MEMORANDUM **

Ester Lamtiar Tambunan, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings. Zeha-tye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We deny the petition for review.

Tambunan testified to her experiences in the 1998 riots, an attack in 2000 on a new building her church was constructing, and problems she encountered in practicing her religion. Substantial evidence supports the agency’s determination that these experiences did not rise to the level of persecution. See Halim v. Holder, 590 F.3d 971, 975-76 (9th Cir.2009) (incidents including beating by rioters did not compel finding of past persecution); Nagoulko v. INS, 333 F.3d 1012, 1016 (9th Cir.2003) (“[t]hough Nagoulko’s religious practice and work was not free from interruption *768 or harassment, she was not prevented from practicing her religion”). Further, as Tambunan has not established past persecution, she is not entitled to a…

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