FILED
NOT FOR PUBLICATION FEB 25 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MICHAEL SOEYANTO, No. 13-71537
Petitioner, Agency No. A089-723-543
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 17, 2015**
Before: O’SCANNLAIN, LEAVY and FERNANDEZ, Circuit Judges.
Michael Soeyanto, a native and citizen of Indonesia, petitions for review of
the Board of Immigration Appeals’ 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”). 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 the
agency’s factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.
2009). We deny the petition for review.
Substantial evidence supports the agency’s determination that the incidents
Soeyanto experienced in Indonesia, even considered cumulatively, did not rise to
the level of persecution. See Halim v. Holder, 590 F.3d 971, 976 (9th Cir. 2009);
Wakkary, 558 F.3d at 1059-60 (record did not compel finding of past persecution
where petitioner was robbed and beaten as a youth, and accosted by a mob).
Substantial evidence also supports the agency’s determination that, even under a
disfavored group analysis, Soeyanto failed to demonstrate sufficient individualized
risk of harm to establish a well-founded fear of future persecution in Indonesia.
See Halim, 590 F.3d at 979. Thus, Soeyanto’s asylum claim fails.
Because Soeyanto failed to establish eligibility for asylum, he necessarily
failed to establish eligibility for withholding of removal. See Zehatye v. Gonzales,
453 F.3d 1182, 1190 (9th Cir. 2006).
Finally, substantial evidence supports the agency’s denial of Soeyanto’s
CAT claim because he failed to demonstrate it is more likely than not he would be
tortured if returned to Indonesia. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th
2 13-71537
Cir. 2008). We reject Soeyanto’s contention that the agency failed to consider
evidence in addressing his CAT claim.
PETITION FOR REVIEW DENIED.
3 13-71537