U.S. Court of Appeals for the Ninth Circuit, 2009

Wahyudi v. Holder

Wahyudi v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided December 28, 2009 · Alarcón, Trott, Tashima
358 F. App'x 930

Wahyudi v. Holder

Opinion

MEMORANDUM **

Rowena Medina Robles, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her application for asylum, 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, Lim v. INS, 224 F.3d 929, 933 (9th Cir. 2000), and we deny the petition for review.

The BIA denied Robles’ asylum application as time-barred. Robles does not challenge this determination in her opening brief.

Substantial evidence supports the BIA’s finding that Robles failed to establish past persecution because the threats from National People’s Army rebels and other incidents that occurred on her family’s ranch did not rise to the level of persecution. See id. at 936-37. Substantial evidence also supports the BIA’s finding that Robles did not demonstrate a clear probability of persecution because her immediate family stopped receiving threats in 2003 and since that time have remained in the Philippines without incident. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir. 2000). Accordingly, Robles’ withholding of removal claim fails.

Robles does not raise any challenge to the BIA’s denial of her CAT claim. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not sup *932 ported by argument in the opening brief are deemed waived).

PETITION FOR REVIEW DENIED.

**

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

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