Wirawan

Wirawan v. Keisler

Good Law
249 F. App'x 670
United States Court of Appeals for the Ninth CircuitOctober 2, 2007No. 03-73676California349 words

Opinion

Lead Opinion

MEMORANDUM ***

Irene Wirawan, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s (“IJ”) denial of her application for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny in part and grant in part the petition for review.

Substantial evidence supports the IJ’s finding that petitioner failed to demonstrate past persecution. See Singh v. INS, 134 F.3d 962, 970-71 (9th Cir.1998). Substantial evidence further supports the IJ’s finding that petitioner failed to establish a well-founded fear of future persecution, because she failed to demonstrate the requisite individualized risk of persecution. Cf Sael v. Ashcroft, 386 F.3d 922, 927 (9th Cir.2004). Accordingly, petitioner’s asylum claim fails.

Because petitioner cannot meet her burden to demonstrate eligibility for asylum, she necessarily fails to meet the more stringent standard for withholding of re *671 moval. See Mansour v. Ashcroft, 390 F.3d 667, 673 (9th Cir.2004).

We decline to consider the IJ’s denial of petitioner’s CAT claim…

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