Elviano v. Mukasey
Elviano v. Mukasey
Opinion of the Court
MEMORANDUM
Jeffry Elviano, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence factual findings, Ghaly v. INS, 58 F.3d 1425, 1429 (9th Cir. 1995), and we deny the petition for review.
Substantial evidence supports the BIA’s finding of no past persecution because the harms experienced by Elviano
Elviano failed to establish his eligibility for humanitarian asylum. See 8 C.F.R. § 1208.13(b)(l)(iii).
Because Elviano has failed to meet his burden of proof for asylum, he cannot meet the higher burden of establishing eligibility for withholding of removal. See Ghaly, 58 F.3d at 1429.
Substantial evidence also supports the BIA’s denial of CAT relief because Elviano has not established that it is more likely than not that he will be tortured by, at the instigation of, or with the consent or acquiescence of the Indonesian government. See Arteaga v. Mukasey, 511 F.3d 940, 948-49 (9th Cir. 2007).
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- Jeffry ELVIANO v. Michael B. MUKASEY, Attorney General
- Status
- Published