FILED
NOT FOR PUBLICATION SEP 28 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ARIFFIN DARMAWAN, No. 07-74702
Petitioner, Agency No. A096-496-734
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Ariffin Darmawan, a native and citizen of Indonesia, petitions for review of
the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s (“IJ”) decision denying his application for withholding of
removal and relief under the Convention Against Torture (“CAT”). We have
*
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).
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, Wakkary
v. Holder, 558 F.3d 1049, 1056 (9th Cir. 2009), and we deny the petition for
review.
Substantial evidence supports the IJ’s determination that the isolated mall
incident and general harassment and discrimination Darmawan experienced, even
considered cumulatively, did not rise to the level of persecution. See id. at
1059-60. Further, even as a member of a disfavored group, Darmawan failed to
demonstrate the requisite individualized risk of persecution. See Hoxha v.
Ashcroft, 319 F.3d 1179, 1184-85 (9th Cir. 2003); see also Wakkary, 558 F.3d at
1066 (“An applicant for withholding of removal will need to adduce a considerably
larger quantum of individualized-risk evidence to prevail”). Accordingly,
Darmawan’s withholding of removal claim fails.
Substantial evidence supports the IJ’s denial of CAT relief because
Darmawan failed to establish it is more likely than not he will be tortured if
returned to Indonesia. See id. at 1067-68.
PETITION FOR REVIEW DENIED.
2 07-74702