U.S. Court of Appeals for the Ninth Circuit, 2013

Ester Tambunan v. Eric Holder, Jr.

Ester Tambunan v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided August 16, 2013 · Schroeder, Graber, Paez
537 F. App'x 768

Ester Tambunan v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Chee-Ket Wong, a native and citizen of Malaysia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings, Wakkary v. Holder, 558 F.3d *769 1049, 1056 (9th Cir. 2009), and we deny the petition for review.

Wong does not contend that he suffered past persecution. Rather, he contends that he faces a clear probability of future persecution based on his Christian religion and Chinese ethnicity. Substantial evidence supports the BIA’s finding that, even under a disfavored group analysis, Wong failed to show sufficient individualized risk to establish that it is more likely than not he would be persecuted if removed to Malaysia. See Halim v. Holder, 590 F.3d 971, 979 (9th Cir. 2009); Wakkary, 558 F.3d at 1066 (“[a]n applicant for withholding of removal will need to adduce a considerably larger quantum of individualized-risk evidence to prevail than would an asylum applicant”). Accordingly, Wong’s withholding of removal claim fails.

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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