NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 06-3015
___________
MARTHEN WENNY WATONG,
Petitioner
v.
ATTORNEY GENERAL OF THE UNITED STATES
____________________________________
On Petition for Review of an Order of the
Board of Immigration Appeals
(Agency No. A96-427-462)
Immigration Judge: Honorable Annie S. Garcy
____________________________________
Submitted Pursuant to Third Circuit LAR 34.1(a)
February 4, 2011
Before: SLOVITER, CHAGARES and WEIS, Circuit Judges
(Opinion filed February 7, 2011)
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OPINION
___________
PER CURIAM.
Petitioner seeks review of the decision of the Board of Immigration
Appeals (“BIA”) dismissing his appeal from the Immigration Judge’s (“IJ”) denial of his
application for relief. For the reasons that follow, we will deny the petition for review.
1
Marthen Wenny Watong,1 a Christian Indonesian citizen born in Manado,
Indonesia, sought asylum, withholding of removal, relief under the Convention Against
Torture (“CAT”), and voluntary departure. He asserted that people from Manado have
lighter complexions than many Indonesians and certain characteristics generally
attributed to ethnic Chinese. Watong therefore based his claim for relief on his position
that he has been and will continue to be persecuted as a Christian perceived to be an
ethnic Chinese.
In support of his application, Watong testified that during the riots of May
1998, his wife was forced to spend the night at her workplace and he resorted to dressing
himself and his wife as Muslims in order to return home safely. Watong does not allege
that he or his wife was specifically targeted during these riots or that they were physically
harmed in any way. Watong further testified that in August 2000, he was beaten and
threatened by a neighbor named Abdullah, allegedly because of his religion and
perceived ethnicity. He maintained that Abdullah threatened to kill him if he remained
anywhere in Indonesia and testified that he believes that Abdullah is still looking for him
and will kill him if he returns to Indonesia. He did not report this incident to the police.
The IJ assumed that Watong’s asylum application was timely filed, and
proceeded to a decision on the merits. The IJ concluded that Watong had not
demonstrated either that he had suffered past persecution or that he had a well-founded
1
Petitioner’s name is alternately spelled “Watong” and “Watung” in the record. We
refer to him here as “Watong” -- the spelling reflected on our docket.
2
fear of future persecution. The IJ further found that Watong had not satisfied the more
stringent requirements for withholding of removal or CAT relief. The IJ granted his
application for voluntary departure. The BIA affirmed, agreeing with the IJ that Watong
failed to establish that he suffered mistreatment that rose to the level of persecution.
We have jurisdiction over this petition for review pursuant to 8 U.S.C.
§ 1252. We review factual findings for “substantial evidence,” such that they must be
upheld unless the evidence not only supports a contrary conclusion, but compels it. See
Abdille v. Ashcroft, 242 F.3d 477, 483-84 (3d Cir. 2001). We review legal
determinations de novo. See Kaplun v. Attorney Gen., 602 F.3d 260, 265 (3d Cir. 2010).
To be granted asylum, Watong was required to show that he is “unable or
unwilling to return to [Indonesia] . . . because of persecution or a well-founded fear of
persecution on account of race, religion, nationality, membership in a particular social
group, or political opinion.” 8 U.S.C. § 1101(a)(42)(A); 8 U.S.C. § 1158. To be eligible
for withholding of removal, Watong must have demonstrated that it is more likely than
not that his life would be threatened in Indonesia based on one of these protected
grounds. See 8 U.S.C. § 1231(b)(3)(A). For relief under the CAT, Watong must have
proven that it is more likely than not that he would be tortured if removed to Indonesia.
See 8 C.F.R. § 1208.16(c)(2).
Based on the testimony and other evidence in the record, we agree that
Watong failed to meet his burden of proving past persecution or a well-founded fear of
future persecution. See Lie v. Ashcroft, 396 F.3d 530, 535-37 (3d Cir. 2005).
3
Furthermore, Watong did not allege any incidents or likelihood of torture, and thus
cannot meet the criteria for relief under the CAT. See Zubeda v. Ashcroft, 333 F.3d 463,
472 (3d Cir. 2003). For the reasons set forth, we will deny the Petition for Review.
4