FILED
NOT FOR PUBLICATION JUL 31 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
HENDRI PHANG, No. 11-73618
Petitioner, Agency No. A095-025-161
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 24, 2013 **
Before: ALARCÓN, CLIFTON, and CALLAHAN, Circuit Judges.
Hendri Phang, 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 and withholding
of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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 BIA’s finding that the incidents Phang
experienced in Indonesia, considered cumulatively, did not rise to the level of
persecution. See id. at 1054, 1059-60 (two beatings and robberies, including
robbery at knifepoint, and being confronted by a mob during a riot, did not compel
finding of past persecution); Halim v. Holder, 590 F.3d 971, 975-76 (9th Cir.
2009) (incidents of mistreatment, including being stripped naked in front of
classmates, beaten by rioters, and false arrest and detention, did not compel finding
of past persecution). Substantial evidence also supports the BIA’s finding that,
even under a disfavored group analysis, Phang failed to establish sufficient
individualized risk of harm to show a well-founded fear of persecution in
Indonesia. See Halim, 590 F.3d at 979-80.
Because Phang failed to establish eligibility for asylum, his claim for
withholding of removal necessarily fails. See Zehatye v. Gonzales, 453 F.3d 1182,
1190 (9th Cir. 2006). Contrary to Phang’s contention, the BIA’s order
encompasses both his asylum and withholding of removal claims.
PETITION FOR REVIEW DENIED.
2 11-73618