Tewuh

Tewuh v. Holder

Good Law
320 F. App'x 669
United States Court of Appeals for the Ninth CircuitMarch 26, 2009No. 06-70910California297 words

Opinion

Lead Opinion

*670 MEMORANDUM **

Jaqoline Linda Tewuh and her husband, natives and citizens of Indonesia, petition for review of a Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s decision denying their 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, INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we deny the petition for review.

The agency denied Tewuh’s asylum claim as time-barred. Tewuh does not challenge this finding in her opening brief.

Substantial evidence supports the agency’s finding that Tewuh’s experiences did not rise to the level of persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003). In addition, substantial evidence supports the agency’s conclusion that Tewuh failed to establish a clear probability of persecution because she did not demonstrate sufficient individualized risk, cf. Sael v. Ashcroft, 386 F.3d 922, 927-28 (9th Cir.2004), and because Tewuh has family who remain in Indonesia and practice Christianity without harm, see Hakeem v.…

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