Je Ping Tang v. Gonzales

Good Law
245 F. App'x 705
United States Court of Appeals for the Ninth CircuitAugust 22, 2007No. 04-70025California339 words

Opinion

Lead Opinion

MEMORANDUM **

Je Ping Tang, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision that affirmed the Immigration Judge’s (“IJ”) order denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). 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 Tang 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 Tang failed to demonstrate an objectively-reasonable fear of future persecution. While Tang is a member of a disfavored group, and therefore need only demonstrate a “comparatively low level of individualized risk in order to prove that she has a well-founded fear of future persecution,” see Sael, 386 F.3d at 927 (internal…

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