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

Nia Andalia v. Eric H. Holder Jr.

Nia Andalia v. Eric H. Holder Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided June 22, 2011 · Canby, O'Scannlain, Fisher
439 F. App'x 592

Nia Andalia v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Nia Andalia, a native and citizen of Indonesia, 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 and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence factual findings, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir. 2009), and we deny the petition for review.

Substantial evidence supports the BIA’s finding that the threats to Andalia’s family did not rise to the level of past persecution. See Mendez-Gutierrez v. Ashcroft, 340 F.3d 865, 870 n. 6 (9th Cir. 2003) (“unspecified threats” received by Mexican national not “sufficiently menacing to constitute past persecution”). In addition, the record does not compel the conclusion that Andalia has demonstrated a well-founded fear of future persecution. See Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir. 2003) (petitioner’s claims “too speculative to be credited as a basis for fear of future persecution”). Accordingly, Andalia failed to establish eligibility for asylum.

Further, because Andalia failed to meet the lower burden of proof for asylum, her claim for withholding of removal nee *594 essarily fails. See Zehatye v. Gonzales, 453 F.3d 1182, 1190 (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.

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