Hartini

Hartini v. Gonzales

Good Law
235 F. App'x 639
United States Court of Appeals for the Ninth CircuitAugust 22, 2007No. 04-72810California302 words

Opinion

Lead Opinion

MEMORANDUM **

Hartini Hartini and Triono Triono, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ (“BIA”) decision that affirmed the Immigration Judge’s (“IJ”) order denying their applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Triono’s asylum claim is derivative and dependent upon his wife, Hartini’s claim. See 8 C.F.R. § 208.21 . We have jurisdiction under 8 U.S.C. § 1252 .

When, as here, the BIA affirms without an opinion, we review the IJ’s decision directly. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003). We review for substantial evidence, Sael v. Ashcroft, 386 F.3d 922, 924 (9th Cir.2004), and we deny the petition.

Substantial evidence supports the IJ’s finding that the harm Hartini suffered did not rise to the level of past persecution. See Nagoulko v. INS, 333 F.3d 1012, 1016-18 (9th Cir.2003). Furthermore, substantial evidence supports the IJ’s finding that Hartini failed to demonstrate an objectively-reasonable fear of future persecution. While Hartini is a member of a disfavored group, and therefore need only demonstrate a “comparatively low level…

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