U.S. Court of Appeals for the Ninth Circuit, 2008

Soediarto v. Mukasey

Soediarto v. Mukasey
U.S. Court of Appeals for the Ninth Circuit · Decided November 20, 2008
300 F. App'x 571

Soediarto v. Mukasey

Opinion of the Court

MEMORANDUM **

Timotius Sam Soediarto, a native and citizen of Indonesia, petitions for review of a Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his appli*572cation for withholding of removal. We have jurisdiction under 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 BIA’s conclusion that Soediarto did not establish eligibility for withholding of removal because Soediarto’s experiences in Indonesia did not constitute past persecution. See id. at 1016-18. In addition, even if the disfavored group analysis set forth in Sael v. Ashcroft, 386 F.3d 922, 927-29 (9th Cir. 2004) applies to Christian Indonesians seeking withholding of removal, Soediarto failed to demonstrate that it was more likely than not that he will be persecuted if he returned to Indonesia. See Hoxha v. Ashcroft, 319 F.3d 1179, 1184-85 (9th Cir. 2003).

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.