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Widjaja v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 15, 2012
No. 10-71382 (9th Cir. Oct. 15, 2012)

Opinion

No. 10-71382 Agency No. A096-360-112

10-15-2012

RIDWAN DJUNARDI WIDJAJA, 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NOT FOR PUBLICATION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.

Ridwan Djunardi Widjaja, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals' ("BIA") order dismissing his appeal from an immigration judge's decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture ("CAT"). Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence the agency's factual findings and review de novo questions of law. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir. 2009). We dismiss in part and deny in part the petition for review.

The record does not compel the conclusion that Widjaja established changed circumstances to excuse his untimely asylum application. See 8 C.F.R. § 1208.4(a)(4)(i). We lack jurisdiction to review Widjaja's claim that his acquisition of Western interests while living in the United States constitutes further changed circumstances because he failed to present this argument to the BIA. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir. 2010). Accordingly, his asylum claim fails.

Substantial evidence supports the BIA's finding that Widjaja's experiences in Indonesia, including being robbed and beaten on two occasions, do not rise to the level of past persecution. See Wakkary, 558 F.3d at 1060 ("We cannot say . . . that a reasonable factfinder would be compelled to conclude that these experiences, without more, cumulatively amount to past persecution.") (citations and internal quotations omitted). Further, substantial evidence supports the BIA's determination that, even as a member of a disfavored group, Widjaja has not established that it is more likely than not that he will be persecuted in Indonesia because he has not demonstrated sufficient individualized risk. See Halim v. Holder, 590 F.3d 971, 979 (9th Cir. 2009); Wakkary, 558 F.3d at 1066 ("[a]n applicant for withholding of removal will need to adduce a considerably larger quantum of individualized-risk evidence to prevail than would an asylum applicant").

Finally, the BIA's determination that Widjaja was not eligible for CAT relief is also supported by substantial evidence because Widjaja did not establish that he is "more likely than not to be tortured" if he returns to Indonesia. See 8 C.F.R. § 1208.16(c)(4); Wakkary, 558 F.3d at 1068.

PETITION FOR REVIEW DISMISSED in part; DENIED in part.


Summaries of

Widjaja v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 15, 2012
No. 10-71382 (9th Cir. Oct. 15, 2012)
Case details for

Widjaja v. Holder

Case Details

Full title:RIDWAN DJUNARDI WIDJAJA, Petitioner, v. ERIC H. HOLDER, Jr., Attorney…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Oct 15, 2012

Citations

No. 10-71382 (9th Cir. Oct. 15, 2012)