David

David v. Holder

Good Law
318 F. App'x 532
United States Court of Appeals for the Ninth CircuitMarch 10, 2009Nos. 05-73823, 05-75540California1,274 words

Opinion

Lead Opinion

MEMORANDUM **

David is a native-born citizen of Indonesia who is ethnically Chinese and a practicing Catholic. He petitions for review of two decisions of the Board of Immigration Appeals (“BIA”): one adopting and affirming an Immigration Judge’s (“IJ”) denial of withholding of removal under 8 U.S.C. § 1231 (b)(3) 1 and relief under the Convention Against Torture (“CAT”) (No. 05-75540), and another denying his motion to reconsider that decision (No. 05-73823). Several of David’s arguments coincide with those of another Chinese Christian petitioner from Indonesia whose petition for review we also decide today in Wakkary v. Holder, 558 F.3d 1049 (9th Cir.2009).

A. Withholding of removal

1. Past persecution

The BIA’s determination that David did not suffer past persecution is supported by substantial evidence. The evidence concerning physical encounters with native Indonesians that David experienced during his childhood his youth do not compel us to overturn the IJ’s conclusion that, cumulatively, they were insufficiently severe to amount to persecution. See Fisher v. INS, 79 F.3d 955, 962 (9th Cir.1996) (en banc).

*534 David also testified that he was robbed by native…

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