Wongkar

Wongkar v. Holder

Good Law
320 F. App'x 759
United States Court of Appeals for the Ninth CircuitMarch 31, 2009No. 06-70280California402 words

Opinion

Lead Opinion

MEMORANDUM **

Henry Wongkar, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal from an immigration judge’s denial of his 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 and will uphold the agency’s decision unless the evidence compels a contrary conclusion. Kataña v. INS, 232 F.3d 1107, 1115 (9th Cir.2000). We deny in part and grant in part the petition for review.

The agency denied Wongkar’s asylum application claim as time barred. Wong-kar does not challenge this finding in his opening brief.

We grant the petition with respect to Wongkar’s withholding of removal claim because substantial evidence does not support the agency’s determination that Wongkar failed to establish he suffered past persecution. See Mashiri v. Ashcroft, 383 F.3d 1112, 1119-21 (9th Cir.2004). A group of Muslims repeatedly targeted Wongkar on account of his Christian religion — they threatened Wongkar with death and chased him, set his car on fire, and vandalized and stole his property on…

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