Naibaho

Naibaho v. Mukasey

Good Law
264 F. App'x 642
United States Court of Appeals for the Ninth CircuitJanuary 18, 2008No. 04-73615California298 words

Opinion

lead Opinion

MEMORANDUM **

Juiter Naibaho, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order affirming without opinion an Immigration Judge’s (“IJ”) decision denying his application 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, Padash v. INS, 358 F.3d 1161, 1165 (9th Cir.2004), and we deny the petition for review.

Even assuming Naibaho was credible, substantial evidence supports the IJ’s conclusion that Naibaho failed to establish past persecution or a well-founded fear of persecution on account of a protected ground. See Sangha v. INS, 103 F.3d 1482, 1486 (9th Cir.1997); see also INS v. Elias-Zacarias, 502 U.S. 478, 481-82 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Naibaho provided insufficient evidence, direct or *643 circumstantial, that his attackers were or would be motivated to persecute him because of his actual or perceived status or belief. See Sangha, 103 F.3d at 1486-87 .

Moreover, Naibaho did not establish that any group to which he belongs is subject to a “pattern or practice” of persecution. See Lolong v.…

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