Darmawan, et al v. Holder, No. 07-74702 (9th Cir. 2010)

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FILED SEP 28 2010 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ARIFFIN DARMAWAN, Petitioner, No. 07-74702 Agency No. A096-496-734 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. Ariffin Darmawan, 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 withholding of removal and relief 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, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir. 2009), and we deny the petition for review. Substantial evidence supports the IJ s determination that the isolated mall incident and general harassment and discrimination Darmawan experienced, even considered cumulatively, did not rise to the level of persecution. See id. at 1059-60. Further, even as a member of a disfavored group, Darmawan failed to demonstrate the requisite individualized risk of persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1184-85 (9th Cir. 2003); see also Wakkary, 558 F.3d at 1066 ( An applicant for withholding of removal will need to adduce a considerably larger quantum of individualized-risk evidence to prevail ). Accordingly, Darmawan s withholding of removal claim fails. Substantial evidence supports the IJ s denial of CAT relief because Darmawan failed to establish it is more likely than not he will be tortured if returned to Indonesia. See id. at 1067-68. PETITION FOR REVIEW DENIED. 2 07-74702

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