Halim

Halim v. Holder

Good Law
336 F. App'x 729
United States Court of Appeals for the Ninth CircuitJuly 6, 2009No. 06-70070California306 words

Opinion

Lead Opinion

MEMORANDUM **

Lukman Halim and Juliana Pio, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their applications 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 in part and grant in part the petition for review.

The agency denied the petitioners’ asylum applications as time-barred. The petitioners do not challenge this finding in their opening brief.

Substantial evidence supports the IJ’s denial of Pio’s withholding of removal claim because she failed to establish that her experiences in Indonesia rose to the level of persecution, see Nagoulko v. INS, 333 F.3d 1012, 1016-18 (9th Cir.2003), and she did not demonstrate a clear probability of future persecution, see Hoxha v. Ashcroft, 319 F.3d 1179, 1184-85 (9th Cir.2003).

We grant the government’s request to remand Halim’s withholding of removal claim for the agency to properly apply…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.