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367 F. App'x 762

Sujana v. Holder

U.S. Courts of Appeals

Decided February 23, 2010

U.S. Courts of Appeals · decided 2010-02-23

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

Relies on Martinez-Serrano v. Immigration & Naturalization Service · Zehatye v. Gonzales · Hoxha v. Ashcroft

Decided 2010-02-23

¶1 MEMORANDUM

¶2 Adi Sujana, 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 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, Sael v. Ashcroft, 386 F.3d 922, 924 (9th Cir.2004), and we deny the petition for review.

¶3 Substantial evidence supports the agency’s finding that the cumulative harm Sujana experienced in Indonesia, including being robbed as a child, did not rise to the level of persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003). Substantial evidence also supports the agency’s well-founded fear finding because, even as a member of a disfavored group, Sujana failed to demonstrate the requisite individualized risk of persecution. Cf. Sael, 386 F.3d at 927-29.

¶4 Because Sujana did not establish eligibility for asylum, it necessarily follows that he did not satisfy the more stringent standard for withholding of removal. See Zehatye v. Gonzales, 453 F.3d 1182, 1190 (9th Cir.2006).

¶5 Sujana has not substantively challenged the agency’s denial of CAT relief in his opening brief. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (issues which are not specifically raised *764 and argued in a party’s opening brief are waived).

¶6 PETITION 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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