Johan v. Gonzales, No. 06-1233 (4th Cir. 2006)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-1233 KI JOHAN, Petitioner, versus ALBERTO R. GONZALES, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A72-167-603) Submitted: June 14, 2006 Decided: June 26, 2006 Before TRAXLER and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Ki Johan, Petitioner Pro Se. M. Jocelyn Lopez Wright, Song E. Park, Office of Immigration Litigation, Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Ki Johan, a native and citizen of Indonesia, petitions for review of an order of the Board of Immigration Appeals (Board) affirming the immigration judge s denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture.* On appeal, Johan contends that the Board and the immigration judge erred in denying his application for withholding of removal. To qualify for withholding of removal, a petitioner must show that he faces a clear probability of persecution because of his race, religion, nationality, membership in a particular social group, or political opinion. Rusu v. INS, 296 F.3d 316, 324 n.13 (4th Cir. 2002) (citing INS v. Stevic, 467 U.S. 407, 430 (1984)). Based on our review of the record, we find that Johan failed to make the requisite showing before the immigration court. We therefore find that substantial evidence supports the decision of the Board, and uphold the denial of his request for withholding of removal. Accordingly, we deny the petition for review. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. PETITION DENIED * Johan raises no claims on appeal concerning the denial of asylum or protection under the Convention Against Torture. - 2 -

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