Public-domain · open source
OpenJurist

357 F. App'x 869

Matulandi v. Holder

U.S. Courts of Appeals

Decided December 16, 2009

This page is marked noindex.

U.S. Courts of Appeals · decided 2009-12-16

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

Relies on Wakkary v. Holder · Hoxha v. Ashcroft

Decided 2009-12-16

¶1 MEMORANDUM

¶2 David Anggalino, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for 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 findings of fact, and we review de novo legal determinations, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny the petition for review.

¶3 Substantial evidence supports the agency’s finding that the harm Anggalino experienced in Indonesia was not severe enough to rise to the level of persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003). Moreover, the evidence does not compel a finding that Anggalino faces a clear probability of future persecution, even as a member of a disfavored group. See id. at 1185. Accordingly, we deny the petition for review as to Anggalino’s withholding of removal claim.

¶4 Substantial evidence also supports the agency’s denial of CAT relief because Ang-galino failed to show it is more likely than not he would be tortured if returned to Indonesia. See Wakkary, 558 F.3d at 1068.

¶5 PETITION FOR REVIEW DENIED.

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

/357/fappx/869 · .json · Public domain