FILED
NOT FOR PUBLICATION JUL 19 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
FAUZAN FASYA, No. 08-72435
Petitioner, Agency No. A095-427-538
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 12, 2011 **
Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.
Fauzan Fasya, a native and citizen of Indonesia, petitions for review of the
Board of Immigration Appeals’ order summarily affirming his appeal from an
immigration judge’s (“IJ”) decision denying his application for asylum,
withholding of removal, and relief under the Convention Against Torture (“CAT”).
*
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).
We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence
factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006), and
we deny the petition for review.
The record does not compel the conclusion that Fasya established he
suffered past persecution when he witnessed two Chinese people being beaten. See
Nagoulko v. INS, 333 F.3d 1012, 1016 (9th Cir. 2003). Substantial evidence
supports the agency’s finding that, even as a member of a disfavored group of
Chinese Indonesians, Fasya has not established a well-founded fear of future
persecution because there is no evidence that he faces an individualized risk of
harm. Cf. Sael v. Ashcroft, 386 F.3d 922, 925(9th Cir. 2004); see Lolong v.
Gonzales, 484 F.3d 1173, 1179 (9th Cir. 2007) (en banc). Accordingly, Fasya’s
asylum claim fails.
Because Fasya failed to meet the lower burden of proof for asylum, it
follows that he has not met the higher standard for withholding of removal. See
Zehatye, 453 F.3d at 1190.
Finally, substantial evidence supports the agency’s denial of CAT relief
because Fasya failed to establish it is more likely than not that he will be tortured if
returned to Indonesia. See Wakkary v. Holder, 558 F.3d 1049, 1067-68 (9th Cir.
2009).
2 08-72435
PETITION FOR REVIEW DENIED.
3 08-72435