Tanuwidjaja

Tanuwidjaja v. Mukasey

Good Law
255 F. App'x 210
United States Court of Appeals for the Ninth CircuitNovember 21, 2007No. 04-74440California397 words

Opinion

Lead Opinion

MEMORANDUM **

Hin Hoa Tanuwidjaja, and her husband, Wen Hwa Gouw, are natives and citizens of Indonesia. They petition for review of a decision of the Board of Immigration Appeals (“BIA”) that affirmed without opinion an Immigration Judge’s (“LJ”) order denying their applications 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, Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 998 (9th Cir.2003), and we deny in part, grant in part, and remand.

Substantial evidence supports the IJ’s finding that the harm Tanuwidjaja suffered did not rise to the level of past persecution and that the harm was not committed by forces the government was either unable or unwilling to control. See Nahrvani v. Gonzales, 399 F.3d 1148, 1153-54 (9th Cir.2005).

Substantia] evidence also. supports the IJ’s finding that even assuming past persecution, the government rebutted the presumption of a well-founded fear of future persecution because the IJ did an individualized analysis of changed country conditions in Indonesia. See Gonzalez-Hernandez, 336 F.3d at 999-1000 . Moreover,…

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