Hetharia

Hetharia v. Holder

Good Law
320 F. App'x 733
United States Court of Appeals for the Ninth CircuitMarch 30, 2009No. 06-70615California289 words

Opinion

Lead Opinion

MEMORANDUM **

Jefry Ken Arnandata Hetharia, 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, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003), and we deny the petition for review.

The BIA denied Hetharia’s asylum application as time barred. Hetharia does not challenge this finding.

Even treating Hetharia’s testimony as credible, substantial evidence supports the BIA’s denial of withholding of removal because Hetharia’s experiences, considered both individually and cumulatively, do not rise to the level of past persecution. See Nagoulko, 333 F.3d at 1016-18 . In addition, Hetharia did not establish any individualized risk and consequently failed to establish that it was more likely than not that he will be persecuted if he returns to Indonesia. See Hoxha v. Ashcroft, 319 F.3d 1179, 1184-85 (9th Cir.2003). Further, this record does not establish the conclusion…

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