Marpaung

Marpaung v. Mukasey

Good Law
286 F. App'x 514
United States Court of Appeals for the Ninth CircuitAugust 6, 2008No. 06-71820California338 words

Opinion

Lead Opinion

MEMORANDUM *

Jerson and Junata Marpaung petition for review of the denial of their applications for withholding of removal and relief under the Convention Against Torture (CAT). Junata also petitions for review of the denial of his application for asylum. They also maintain that the BIA failed to rule on their motion to remand, thereby abusing its discretion.

The evidence does not compel a finding that Jerson Marpaung is entitled to withholding of removal. See Lolong v. Gonzales, 484 F.3d 1173, 1178 (9th Cir.2007) (en banc) (articulating standard of review). The indignities suffered by Jerson do not rise to the level of past persecution. See Mansour v. Ashcroft, 390 F.3d 667, 672 (9th Cir.2004) (noting that “persecution is an extreme concept”) (citation and alteration omitted).

Similarly, Junata Marpaung has presented insufficient evidence to compel a finding of past persecution to support his asylum claim. See Gu v. Gonzales, 454 F.3d 1014, 1019-21 (9th Cir.2006) (denying asylum for lack of past persecution). The evidence also fails to compel a finding that Junata has a well-founded fear of future prosecution because the record lacks any evidence that the Indonesian government…

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