Hartono

Hartono v. Holder

Good Law
328 F. App'x 398
United States Court of Appeals for the Ninth CircuitJune 29, 2009No. 05-71483California336 words

Opinion

Lead Opinion

MEMORANDUM **

Haryanto Pantioso Hartono, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ 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 pursuant to 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.

Even if Hartono established changed circumstances to excuse his untimely filed asylum application, substantial evidence supports the agency’s finding that Harto-no’s experiences of harassment and discrimination did not rise to the level of persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003); Nagoulko, 333 F.3d at 1016-17 . In addition, Hartono failed to demonstrate a well-founded fear of future persecution because, even as a member of a disfavored group, he did not demonstrate the requisite individualized risk of persecution. See Lolong v. Gon *399 zales, 484 F.3d 1173, 1180-81 (9th Cir.2007) (en banc). Further, Hartono’s future fear is undercut because his family remains…

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