Doloksaribu

Doloksaribu v. Holder

Good Law
333 F. App'x 294
United States Court of Appeals for the Ninth CircuitOctober 1, 2009No. 06-75592California359 words

Opinion

Lead Opinion

MEMORANDUM **

Gavin Jacob Doloksaribu, 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 factual findings, Mansour v. Ashcroft, 390 F.3d 667, 671 (9th Cir.2004), and for abuse of discretion the denial of a motion to remand, Malhi v. INS, 336 F.3d 989, 993 (9th Cir.2003). We deny the petition for review.

Substantial evidence supports the BIA’s finding of no past persecution because the harms suffered by Doloksaribu, even considered cumulatively, do not rise to the level of persecution. See Nagoulko v. INS, 333 F.3d 1012, 1016-18 (9th Cir.2003). Furthermore, even if the disfavored group analysis set forth in Sael v. Ashcroft, 386 F.3d 922, 927-29 (9th Cir.2004) applies to Indonesian Christians, Do-loksaribu has not established sufficient individualized risk to show an objective well-founded fear of future persecution. Cf id. Lastly, on the record before us, Doloksari-bu…

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