Washington Sitanggang v. Eric Holder, Jr.

U.S. Court of Appeals for the Ninth Circuit
Washington Sitanggang v. Eric Holder, Jr., 514 F. App'x 700 (9th Cir. 2013)

Washington Sitanggang v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Washington Sitanggang, 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 for substantial evidence factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006), and we deny the petition for review.

Substantial evidence supports the BIA’s finding that the harassment, vandalism, and one incident of physical harm that Sitanggang experienced did not rise to the level of persecution. See Halim v. Holder, 590 F.3d 971, 975-76 (9th Cir. 2009); Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir. 2003) (harassment, threats, and one beating unconnected with any particular threat did not compel finding of past persecution). Further, substantial evidence supports the BIA’s finding that, even under a disfavored group analysis, Sitang-gang did not show sufficient individualized risk to establish a well-founded fear of future persecution. See Halim, 590 F.3d at 977-79; cf. Sael v. Ashcroft, 386 F.3d 922, 927-29 (9th Cir. 2004). Accordingly, Sitanggang’s asylum claim fails.

Because Sitanggang did not meet the lower burden of proof for asylum, his claim for withholding of removal necessarily fails. See Zehatye, 453 F.3d at 1190.

Substantial evidence supports the agency’s denial of CAT relief because Sitang-gang failed to establish it is more likely than not he will be tortured if he returns to Indonesia. See Wakkary v. Holder, 558 F.3d 1049, 1067-68 (9th Cir. 2009).

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
Washington SITANGGANG, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished