Pakpahan v. Mukasey

304 F. App'x 632

Opinion

MEMORANDUM

Footnotes

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Benny Pakpahan, 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 his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003), and we deny the petition for review.

We review only Pakpahan’s application for withholding of removal because he voluntarily withdrew his application for asylum and does not challenge the IJ’s determination that he did not establish eligibility for CAT relief.

Substantial evidence supports the IJ’s determination that the single beating Pakpahan suffered did not rise to the level of past persecution. See Prasad v. INS, 47 F.3d 336, 339-40 (9th Cir.1995). In addition, even if the disfavored group analysis set forth in Sael v. Ashcroft, 386 F.3d 922, 927-29 (9th Cir.2004), applies to claims for withholding of removal, Pakpahan failed to demonstrate that it was more likely than not he will be persecuted if he returns to Indonesia. See Hoxha v. Ashcroft, 319 F.3d 1179, 1184-85 (9th Cir. 2003).

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.