Setiawan v. Holder

398 F. App'x 181

• Court: Court of Appeals for the Ninth Circuit
• Decided: September 28, 2010
• Docket: 07-74577
• Status: Unpublished

Opinion

MEMORANDUM **

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 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.

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