Setiawan, et al v. Holder, No. 07-74577 (9th Cir. 2010)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS SEP 28 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MOHAMAD SETIAWAN, Petitioner, No. 07-74577 Agency No. A095-629-952 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted September 13, 2010 ** Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges. Mohamad Setiawan, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals ( BIA ) order dismissing his appeal from an immigration judge s decision denying his application for withholding of removal and relief under the Convention Against Torture ( CAT ). We have jurisdiction * 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). 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. Substantial evidence supports the BIA s denial of withholding of removal because Setiawan failed to demonstrate it is more likely than not he will be persecuted as a member of a particular social group comprised of Indonesians with United States citizen children. See id. at 1184-85. Substantial evidence also supports the BIA s denial of CAT relief because Setiawan failed to establish it is more likely than not he would be tortured if returned to Indonesia. See El Himri v. Ashcroft, 378 F.3d 932, 938 (9th Cir. 2004). PETITION FOR REVIEW DENIED. 2 07-74577

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