Sutjipto

Sutjipto v. Holder

Good Law
314 F. App'x 946
United States Court of Appeals for the Ninth CircuitMarch 2, 2009No. 06-73505California332 words

Opinion

Lead Opinion

MEMORANDUM **

Handoko Sutjipto, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum and withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence, Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003), and we deny in part and dismiss in part the petition for review.

The agency denied Sutjipto’s asylum application as time barred. Sutjipto does not challenge this finding in his opening brief.

Substantial evidence supports the agency’s denial of withholding of removal because the 1984 attack on Sutjipto and the threats and harassment he suffered in Indonesia did not rise to the level of past persecution, see Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003), and he failed to establish that the government was either unable or unwilling to control the people that harassed him, see Nahrvani v. Gonzales, 399 F.3d 1148, 1154 (9th Cir.2005). Further, even if the disfavored group analysis set forth in Sael v. Ashcroft, 386 F.3d 922 (9th Cir.2004) applies to *948 claims for withholding of…

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