Mambo

Mambo v. Gonzales

Good Law
236 F. App'x 243
United States Court of Appeals for the Ninth CircuitApril 23, 2007No. 04-74222California384 words

Opinion

Lead Opinion

MEMORANDUM **

Erwin Mambo, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming without opinion an immigration judge’s (“IJ”) decision denying his applications for asylum and cancellation of removal. To the extent we have jurisdiction it is pursuant to 8 U.S.C. § 1252 . We review the IJ’s factual findings for substantial evidence. Ladha v. INS, 215 F.3d 889, 896 (9th Cir.2000). We deny in part, dismiss in part, and grant in part the petition for review, and remand on the issue of voluntary departure.

Substantial evidence supports the IJ’s conclusion that Mambo failed to show that his claimed fear of persecution was objectively reasonable, and he therefore failed to show that he was eligible for asylum. Mambo did not claim past persecution and did not “adduc[e] credible, direct, and specific evidence ... of facts that would support a reasonable fear of persecution.” Id. at 897 . Further, he testified that his similarly-situated sister returned to Indonesia.in 1995 and lives there without incident. See Hakeem v. INS, 273 F.3d 812, 816 (9th Cir.2001) (stating that an “applicant’s claim of persecution upon return is…

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