Indri Yolanda v. Eric Holder, Jr. , 550 F. App'x 439 ( 2013 )

FILED
NOT FOR PUBLICATION DEC 19 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
INDRI THERESIA YOLANDA, No. 12-71229
Petitioner, Agency No. A087-692-879
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 17, 2013**
Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.
Indri Theresia Yolanda, a native and citizen of Indonesia, petitions for
review of the Board of Immigration Appeals’ order dismissing her appeal from an
immigration judge’s decision denying her application for asylum, 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 factual
findings, Halim v. Holder, 590 F.3d 971, 975 (9th Cir. 2009), and we deny the
petition for review.
Substantial evidence supports the agency’s determination that Yolanda
failed to demonstrate the harms she experienced in Indonesia, including the
incident with demonstrators and various incidents of harassment, rose to the level
of persecution. See id. at 975-76 (concluding no past persecution where petitioner
testified to various incidents of harassment, denial of medical care, arrest and
detention, and a mob beating due to his ethnicity and religion). Substantial
evidence also supports the agency’s finding that, even under a disfavored group
analysis, Yolanda failed to show sufficient individualized risk of persecution in
Indonesia to demonstrate a well-founded fear of future persecution. See id. at 978-
79. We reject Yolanda’s contention related to a pattern and practice of persecution
of Christians in Indonesia. Accordingly, her asylum claim fails.
Because Yolanda failed to establish eligibility for asylum, she necessarily
failed to meet the more stringent standard for withholding of removal. See Zehatye
v. Gonzales, 453 F.3d 1182, 1190 (9th Cir. 2006).
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Substantial evidence supports the agency’s denial of CAT relief because
Yolanda failed to establish it is more likely than not she will be tortured if removed
to Indonesia. See Zheng v. Holder, 644 F.3d 829, 835 (9th Cir. 2011).
Finally, we deny Yolanda’s motion to take judicial notice of the 2011 State
Department report and do not consider it. See Fisher v. INS, 79 F.3d 955, 963 (9th
Cir. 1996) (en banc) (the court’s review is limited to the administrative record).
PETITION FOR REVIEW DENIED.
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