Darmawan v. Holder

U.S. Court of Appeals for the Ninth Circuit
Darmawan v. Holder, 397 F. App'x 378 (9th Cir. 2010)

Darmawan v. Holder

Opinion

MEMORANDUM **

Ariffin Darmawan, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) 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, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir. 2009), and we deny the petition for review.

Substantial evidence supports the IJ’s determination that the isolated mall incident and general harassment and discrimination Darmawan experienced, even considered cumulatively, did not rise to the level of persecution. See id. at 1059-60. Further, even as a member of a disfavored group, Darmawan failed to demonstrate the requisite individualized risk of persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1184-85 (9th Cir. 2003); see also Wakkary, 558 F.3d at 1066 (“An applicant for withholding of removal will need to adduce a considerably larger quantum of individualized-risk evidence to prevail”). Accordingly, Darmawan’s withholding of removal claim fails.

Substantial evidence supports the IJ’s denial of CAT relief because Darmawan failed to establish it is more likely than not he will be tortured if returned to Indonesia. See id. at 1067-68.

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
Ariffin DARMAWAN, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished