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320 F. App'x 560

Wijaya v. Holder

U.S. Courts of Appeals

Decided March 24, 2009

U.S. Courts of Appeals · decided 2009-03-24

Applies 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Hoxha v. Ashcroft · Abdul Hakeem v. Immigration and Naturalization Service · Seibert v. Jackson County

Decided 2009-03-24

¶1MEMORANDUM …

¶2Fransiska Astri Wijaya, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. Reviewing for substantial evidence, Hakeem v. INS, 273 F.3d 812, 816 (9th Cir.2001), we deny the petition for review.

¶3The agency denied Wijaya’s asylum application as time-barred. She does not challenge this finding in her opening brief.

¶4Substantial evidence supports the agency’s denial of withholding of removal because the harassment and discrimination Wijaya suffered did not rise to the level of persecution, see Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003), and she did not establish a clear probability of persecution if she returns to Indonesia, even as a member of a disfavored group, see id. at 1184-85.

¶5Substantial evidence also supports the agency’s denial of CAT relief because Wi-*561jaya did not establish that it is more likely than not she will be tortured if she returns to Indonesia. See Singh v. Ashcroft, 851 F.3d 435, 443 (9th Cir.2003).

¶6PETITION FOR REVIEW DENIED.

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

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