Washington Sitanggang v. Eric Holder, Jr.

Good Law
514 F. App'x 700
United States Court of Appeals for the Ninth CircuitApril 3, 201311-71575California279 words

Opinion

Opinion

MEMORANDUM

Washington Sitanggang, 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 asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and we deny the petition for review.

Substantial evidence supports the BIA’s finding that the harassment, vandalism, and one incident of physical harm that Sitanggang experienced did not rise to the level of persecution. See Halim v. Holder, 590 F.3d 971, 975-76 (9th Cir.2009); 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 of past persecution). Further, substantial evidence supports the BIA’s finding that, even under a disfavored group analysis, Sitang-gang did not show sufficient individualized risk to establish a well-founded fear of future persecution. See Halim, 590 F.3d at 977-79 ; cf. Sael v.…

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