Matulandi v. Holder

U.S. Court of Appeals for the Ninth Circuit
Matulandi v. Holder, 357 F. App'x 869 (9th Cir. 2009)
Alarcón, Trott, Tashima

Matulandi v. Holder

Opinion

MEMORANDUM **

David Anggalino, 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 relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence findings of fact, and we review de novo legal determinations, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir. 2009). We deny the petition for review.

Substantial evidence supports the agency’s finding that the harm Anggalino experienced in Indonesia was not severe enough to rise to the level of persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir. 2003). Moreover, the evidence does not compel a finding that Anggalino faces a clear probability of future persecution, even as a member of a disfavored group. See id. at 1185. Accordingly, we deny the petition for review as to Anggalino’s withholding of removal claim.

Substantial evidence also supports the agency’s denial of CAT relief because Ang-galino failed to show it is more likely than not he would be tortured if returned to Indonesia. See Wakkary, 558 F.3d at 1068.

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
David ANGGALINO, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent
Status
Unpublished