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

Evy Olivia v. Eric Holder, Jr.

Evy Olivia v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided October 21, 2013 · Fisher, Gould, Bybee
542 F. App'x 686

Evy Olivia v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Sumik Tan, 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 the agency’s 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 Tan’s experiences, even considered cumulatively,' do not rise to the level of past persecution. See id. at 1059; Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir. 2003) (harassment and one beating unconnected with any particular threat did not compel finding of past persecution). Substantial evidence also supports the BIA’s determination that, even under a disfavored group analysis, Tan failed to demonstrate sufficient individualized risk of harm to establish a well-founded fear of future persecution. See Halim v. Holder, *687 590 F.3d 971, 979-80 (9th Cir. 2009). Consequently, her asylum claim fails.

Because Tan failed to demonstrate eligibility for asylum, it follows she did not satisfy the more stringent standard for withholding of removal. See id. at 980 n. 7.

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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