No Wibowo Ho v. Mukasey

MEMORANDUM **

No Wibowo Ho, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for withholding of removal and protection under the Convention Against Torture. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence, Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003), and we deny the petition for review.

Substantial evidence supports the agency’s finding that Ho failed to establish a clear probability of persecution. See Zehatye v. Gonzales, 453 F.3d 1182, 1190 (9th Cir.2006). Substantial evidence also supports the agency’s conclusion that the harm Ho experiences in Indonesia including the attacks on homes in his neighborhood, the destruction of his chicken egg farm and the destruction of his brother-in-law’s business do not rise to the level of past persecution. See Nagoulko, 333 F.3d at 1016-17 ; see also Gormley v. Ashcroft, 364 F.3d 1172, 1178 (9th Cir.2004). Furthermore, even assuming the disfavored group analysis set forth in Sael v. Ashcroft, 386 F.3d 922, 927-29 (9th Cir.2004) applies to withholding of removal, Ho…