Wahyudi

Wahyudi v. Holder

Good Law
361 F. App'x 720
United States Court of Appeals for the Ninth CircuitDecember 28, 2009No. 07-71892California262 words

Opinion

Lead Opinion

MEMORANDUM **

Santo Wahyudi, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s 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 . We review for substantial evidence, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and we deny the petition for review.

The agency denied Wahyudi’s asylum application as time-barred. Wahyudi does not challenge this finding in his opening brief.

Substantial evidence supports the agency’s finding that the physical harm and threats Wahyudi suffered in Indonesia did not rise to the level of past persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003) (harassment, threats, and one beating did not compel a finding of past persecution). Substantial evidence further supports the agency’s finding that Wahyudi failed to establish a

*722 clear probability of future persecution because Wahyudi remained unharmed in Indonesia for four years following the last incident, and he has similarly-situated moderate Muslim…

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