Agustini

Agustini v. Holder

Good Law
351 F. App'x 211
United States Court of Appeals for the Ninth CircuitNovember 2, 2009No. 07-72155California351 words

Opinion

Lead Opinion

MEMORANDUM **

Sri Agustini, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) orders dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”), and denying her motion for reconsideration. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion for reconsideration, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002), and we review for substantial evidence factual findings, Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003). We deny the petition for review.

Substantial evidence supports the agency’s finding that Agustini’s experiences in Indonesia, where she was never physically harmed, did not rise to the level of past persecution. See id. at 1014-18 . Substantial evidence also supports the agency’s finding that even as a member of a disfavored group, Agustini was unable to demonstrate a well-founded fear of future persecution. Cf. Sael v. Ashcroft, 386 F.3d 922, 927-29 (9th Cir.2004). Moreover, the record does not compel the conclusion that there is a pattern…

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