Theresia v. ERIC H. HOLDER, Jr., Attorney General

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
THERESIA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-71660
Agency No. A099-360-531
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 21, 2012**
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Theresia, a native and citizen of Indonesia, petitions for review of the Board
of Immigration Appeals’ (“BIA”) 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 jurisdiction under
FILED
MAR 02 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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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.
Over a period of ten years, Theresia claimed that Muslims robbed her on
three occasions, an imam interrupted a prayer meeting and threatened her, and
several young men loitered outside her home and asked for money. Theresia also
testified she was discriminated against in college, and claimed her employer
received bomb threats. Substantial evidence supports the BIA’s finding that
Theresia’s experiences in Indonesia, considered individually or cumulatively, did
not rise to the level of persecution. See id. at 1059-60. Substantial evidence also
supports the BIA’s finding that Theresia failed to establish a well-founded fear of
future persecution because the record does not compel the conclusion that she
demonstrated sufficient individualized risk, even under a disfavored group
analysis. See Halim v. Holder, 590 F.3d 971, 979 (9th Cir. 2009). In addition, the
record does not compel the conclusion that there is a pattern or practice of
persecution against Catholic Bataks in Indonesia. See Wakkary, 558 F.3d at
1060-62. Accordingly, Theresia’s asylum claim fails.
Because Theresia failed to establish eligibility for asylum, she necessarily
cannot 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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Finally, substantial evidence supports the agency’s denial of CAT relief
because Theresia failed to demonstrate it is more likely than not she would be
tortured if returned to Indonesia. See Wakkary, 558 F.3d at 1068.
PETITION FOR REVIEW DENIED.

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