Gunawan

Gunawan v. Mukasey

Good Law
276 F. App'x 602
United States Court of Appeals for the Ninth CircuitMay 1, 2008No. 04-71309California361 words

Opinion

Lead Opinion

MEMORANDUM **

Hendra Gunawan, a native and citizen of Indonesia, petitions for review of the *603 Board of Immigration Appeals (“BIA”) order dismissing his appeal from an immigration judge’s (“U”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction to review under 8 U.S.C. § 1252 .

Where, as here, it is unclear whether the BIA conducted a de novo review, the Court will “look to the IJ’s oral decision as a guide to what lay behind the BIA’s conclusion.” See Avetova-Elisseva v. INS, 213 F.3d 1192, 1197 (9th Cir.2000). We review for substantial evidence, reversing only if the evidence compels the result, INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and deny the petition.

Even assuming Gunawan’s application was timely filed, substantial evidence supports the IJ’s finding that he failed to establish past persecution because the three or four beatings Gunawan suffered over the past fifty years, and the general discrimination and harassment he experienced as a Chinese-Christian in Indonesia, are not sufficient to compel the conclusion that he…

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