Apriyanto

Apriyanto v. Holder

Good Law
357 F. App'x 162
United States Court of Appeals for the Ninth CircuitDecember 14, 2009No. 05-74394California311 words

Opinion

Lead Opinion

MEMORANDUM **

Apriyanto, a 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 *163 asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Wak-kary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), and we deny the petition for review.

Substantial evidence supports the BIA’s finding that Apriyanto failed to establish past persecution because the harassment and discrimination he experienced in Indonesia did not rise to the level of persecution, see id. at 1059-60 , and because the death of Apriyanto’s sister was not part of a pattern of persecution closely tied to him, see id. at 1060 . Substantial evidence also supports the agency’s denial of asylum because even if the disfavored group analysis set forth in Sael v. Ashcroft, 386 F.3d 922, 927-29 (9th Cir.2004) applies to Christian Indonesians, Apriyanto did not show sufficient individualized risk to demonstrate a well-founded fear of future persecution, see Lolong v. Gonzales, 484 F.3d 1173, 1180-81 (9th Cir.2007) (en banc). In…

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