FILED
NOT FOR PUBLICATION FEB 25 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
PATRICK JEFFRY TAN, No. 06-75503
Petitioner, Agency No. A096-491-202
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 16, 2010 **
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Patrick Jeffry Tan, 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 asylum and
*
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).
PR/Research
withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review
for substantial evidence, Hoxha v. Ashcroft, 319 F.3d 1179, 1182 n. 4 (9th Cir.
2003), and we deny the petition for review.
The IJ denied Tan’s asylum application claim as time-barred. Tan does not
challenge this finding in his opening brief.
Substantial evidence supports the IJ’s finding that Tan failed to establish the
harms he experienced on account of his homosexuality, Chinese ethnicity and
Christian religion, even considered cumulatively, amounted to past persecution.
See id. at 1182. Substantial evidence also supports the IJ’s finding that Tan failed
to demonstrate a clear probability of future persecution because, even if the
disfavored group analysis set forth in Sael v. Ashcroft, 386 F.3d 922, 927-29 (9th
Cir. 2004) applies to him, he did not establish the requisite individualized risk of
persecution. See Hoxha, 319 F.3d at 1184-85. Accordingly, Tan’s withholding of
removal claim fails.
PETITION FOR REVIEW DENIED.
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