Kiung

Kiung v. Holder

Good Law
348 F. App'x 238
United States Court of Appeals for the Ninth CircuitOctober 7, 2009No. 07-71420California312 words

Opinion

Lead Opinion

MEMORANDUM **

Kenny Kiung, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order affirming an immigration judge’s (“IJ”) 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 . Reviewing for substantial evidence, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), we deny the petition for review.

Substantial evidence supports the IJ’s past persecution finding because Kiung failed to establish the government was unwilling or unable to control the people who beat and robbed him, see Castro-Perez v. Gonzales, 409 F.3d 1069, 1072 (9th Cir.2005), and he failed to demonstrate that the harm he suffered in the other incidents rose to the level of persecution, see Nagoulko v. INS, 333 F.3d 1012, 1016-18 (9th Cir.2003). Substantial evidence also supports the agency’s well-founded fear finding because, even as a member of a disfavored group, Kiung failed to demon *240 strate the requisite individualized risk of persecution. Cf. Sael v. Ashcroft, 386 F.3d 922, 927-29 (9th Cir.2004). Lastly, the record does not compel the…

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