Rantung

Rantung v. Mukasey

Good Law
291 F. App'x 859
United States Court of Appeals for the Ninth CircuitSeptember 10, 2008No. 05-75377California364 words

Opinion

Lead Opinion

MEMORANDUM **

Stenly Laloan Rantung, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing an appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, relief under the Convention Against Torture (“CAT”), and cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review factual findings *860 for substantial evidence, Hakeem v. INS, 273 F.3d 812, 816 (9th Cir.2001), and we review de novo claims of constitutional violations in immigration proceedings, Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001). We deny the petition for review.

The BIA denied petitioner’s claim as time barred and Rantung did not challenge this determination in his opening brief. Accordingly, we deny the petition as to the asylum claim.

Substantial evidence supports the IJ’s denial of withholding of removal because there is no evidence that Rantung or anyone in his family has been persecuted on account of their religion. See Hakeem, 273 F.3d at 817 . Furthermore, even if the disfavored group analysis set forth in Sael v. Ashcroft, 386 F.3d 922 (9th Cir.2004) applies to Indonesian…

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