U.S. Court of Appeals for the Ninth Circuit, 2011

Huliselian v. Holder

Huliselian v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided January 21, 2011 · Beezer, Tallman, Callahan
411 F. App'x 100

Huliselian v. Holder

Opinion

MEMORANDUM **

Yodi Hilco Balti Huliselian, 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 relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review factual findings for substantial evidence, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir. 2009), and we deny the petition for review.

The BIA denied Huliselian’s asylum claim as time-barred. Huliselian does not challenge this finding in his opening brief.

Substantial evidence supports the BIA’s determination that Huliselian failed to demonstrate it is more likely than not he will be persecuted based on the harms inflicted upon his uncles. See Arriaga-Barrientos v. INS, 937 F.2d 411, 414 (9th *101 Cir. 1991) (requiring “pattern of persecution closely tied to the petitioner” where violence against family members is basis of claim). Accordingly, Huliselian’s withholding of removal claim fails.

Substantial evidence also supports the BIA’s denial of Huliselian’s CAT claim because he failed to establish it is more likely than not he would be tortured if returned to Indonesia. See Wakkmy, 558 F.Sd at 1068.

PETITION FOR REVIEW DENIED.

**

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

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