Yenni Simon v. Eric Holder, Jr. , 548 F. App'x 490 ( 2013 )

FILED
NOT FOR PUBLICATION DEC 10 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
YENNI LUKMAN SIMON, No. 11-73706
Petitioner, Agency No. A089-884-296
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 19, 2013**
Before: CANBY, TROTT, and THOMAS, Circuit Judges.
Yenni Lukman Simon, a native and citizen of Indonesia, petitions for review
of the Board of Immigration Appeals’ order summarily affirming an immigration
judge’s (“IJ”) decision denying her application for asylum and withholding of
removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial
*
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).
evidence factual findings, see 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 Simon’s
experiences in Indonesia, even considered cumulatively, do not rise to the level of
past persecution. See id. at 1059-60 (being beaten by youths, robbed of sandals
and pocket money, and accosted by a threatening mob did not compel a past
persecution finding). Substantial evidence also supports the IJ’s determination
that, even under a disfavored group analysis, Simon has not established a well-
founded fear of persecution in Indonesia because she did not demonstrate sufficient
individualized risk. See Halim v. Holder, 590 F.3d 971, 979 (9th Cir. 2009); see
also Loho v. Mukasey, 531 F.3d 1016, 1017-18 (9th Cir. 2008) (“willingly
returning to [petitioner’s] home country militates against a finding of . . . well-
founded fear”). Accordingly, Simon’s asylum claim fails.
Because she failed to establish eligibility for asylum, Simon necessarily
failed to meet the more stringent standard for withholding of removal. See Zehatye
v. Gonzales, 453 F.3d 1182, 1190 (9th Cir. 2006).
PETITION FOR REVIEW DENIED.
2 11-73706