Kalembang v. Mukasey
Kalembang v. Mukasey
Opinion of the Court
MEMORANDUM
Daud Kalembang, his wife and their daughter, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s decision denying their 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 factual findings for substantial evidence, Ghaly v. INS, 58 F.3d 1425, 1429 (9th Cir. 1995), and we deny the petition for review.
Because Kalembang failed to establish eligibility for asylum, he necessarily failed to meet the more stringent standard for withholding of removal. See Ghaly, 58 F.3d at 1429.
Finally, substantial evidence supports the agency’s denial of the CAT claim because Kalembang has failed to show it is more likely than not that he will be tortured if he returns to Indonesia. See Singh v. Gonzales, 439 F.3d 1100, 1113 (9th Cir. 2006).
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.