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Pebri v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 15, 2012
485 F. App'x 872 (9th Cir. 2012)

Opinion

No. 10-72720 Agency No. A088-121-083

10-15-2012

EKA PEBRI, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.


NOT FOR PUBLICATION


MEMORANDUM

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


On Petition for Review of an Order of the

Board of Immigration Appeals

Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.

Eka Pebri, 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 claim for asylum, and protection under the Convention Against Torture ("CAT"). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency's factual findings and review de novo the agency's legal determinations. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir. 2009). We deny the petition for review.

Substantial evidence supports the agency's decision that, even under a disfavored group analysis, Pebri failed to establish sufficient individualized risk of harm to demonstrate a well-founded fear of persecution. See Halim v. Holder, 590 F.3d 971, 977-79 (9th Cir. 2009). The record belies Pebri's contention that the BIA found ethnic Chinese Indonesians are no longer a disfavored group.

Substantial evidence also supports the agency's denial of CAT protection because Pebri did not establish it is more likely than not she will be tortured in Indonesia. See Wakkary, 558 F.3d at 1067-68 (no evidence that petitioner would be tortured). In light of this conclusion, we do not address Pebri's argument that the BIA exceeded the scope of its review in analyzing government acquiesce.

PETITION FOR REVIEW DENIED.


Summaries of

Pebri v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 15, 2012
485 F. App'x 872 (9th Cir. 2012)
Case details for

Pebri v. Holder

Case Details

Full title:EKA PEBRI, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Oct 15, 2012

Citations

485 F. App'x 872 (9th Cir. 2012)