Tjan

Tjan v. Holder

Good Law
367 F. App'x 776
United States Court of Appeals for the Ninth CircuitFebruary 23, 2010No. 07-73532California381 words

Opinion

Lead Opinion

MEMORANDUM **

Tan Giok Tjan, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming an immigration judge’s decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, Singh v. Ashcroft, 367 F.3d 1139, 1143 (9th Cir.2004), and we deny the petition for review.

Substantial record evidence supports the BIA’s conclusion that the mistreatment Tjan suffered while living in Indonesia did not rise to the level of past persecution. See Singh v. INS, 134 F.3d 962, 965-69 (9th Cir.1998) (repeated vandalism of Indo-Fijian’s property, with no physical injury, not persecution); Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003) (harassment, threats, and one beating unconnected with any particular threat did not compel finding that ethnic Albanian suffered past persecution in Kosovo). *777 Even if the disfavored group analysis set forth in Sael v. Ashcroft, 386 F.3d 922, 927-29 (9th Cir.2004), applies to Tjan, he has not demonstrated the requisite individualized risk of…

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