Gersang

Gersang v. Holder

Good Law
336 F. App'x 714
United States Court of Appeals for the Ninth CircuitJuly 6, 2009No. 04-74866California329 words

Opinion

Lead Opinion

MEMORANDUM **

Djapet Tarigan Gersang, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying 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, 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.

Even if Tarigan Gersang established an exception to excuse his untimely application, substantial evidence supports the IJ’s denial of asylum. See Lolong v. Gonzales, 484 F.3d 1173, 1181 (9th Cir.2007) (en banc). Tarigan Gersang did not allege past persecution. Tarigan Gersang failed to establish a well-founded fear of future persecution because even if he were a member of a disfavored group, he did not demonstrate the requisite individualized risk of persecution. See id. In addition, Tarigan Gersang has similarly-situated family members who remain in Indonesia without harm. See Hakeem v. INS, 273 F.3d 812, 816-17 (9th Cir.2001) (claim of persecution is undercut…

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