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Selamet v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Nov 25, 2015
623 F. App'x 455 (9th Cir. 2015)

Opinion

No. 13-72182

11-25-2015

INDRATATI SELAMET, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A088-129-499 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: TASHIMA, OWENS, and FRIEDLAND, Circuit Judges.

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

Indratati Selamet, 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. We review de novo questions of law and review for substantial evidence the agency's factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir. 2009). We deny the petition for review.

Substantial evidence supports the agency's finding that the incidents Selamet experienced in Indonesia, even considered cumulatively, do not rise to the level of persecution. See id. at 1059-60; Halim v. Holder, 590 F.3d 971, 975-76 (9th Cir. 2009). Substantial evidence also supports the agency's finding that, under a disfavored group analysis, Selamet has not shown sufficient individualized risk to establish a well-founded fear of future persecution. See Halim, 590 F.3d at 977-79. We reject Selamet's contention that the agency applied the disfavored group analysis incorrectly. Accordingly, Selamet's asylum claim fails.

Because Selamet failed to meet the lower burden of proof for asylum, her claim for withholding of removal necessarily fails. See Zehatye v. Gonzales, 453 F.3d 1182, 1190 (9th Cir. 2006).

Finally, substantial evidence also supports the agency's denial of CAT relief because Selamet failed to show it is more likely than not she will be tortured with the consent or acquiescence of the government if returned to Indonesia. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008).

PETITION FOR REVIEW DENIED.


Summaries of

Selamet v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Nov 25, 2015
623 F. App'x 455 (9th Cir. 2015)
Case details for

Selamet v. Lynch

Case Details

Full title:INDRATATI SELAMET, Petitioner, v. LORETTA E. LYNCH, Attorney General…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Nov 25, 2015

Citations

623 F. App'x 455 (9th Cir. 2015)