Leny Andriani 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NOT FOR PUBLICATION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
LENY ANDRIANI,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 12-70258
Agency No. A088-124-283
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 24, 2013**
Before: RAWLINSON, N.R. SMITH, and CHRISTEN, Circuit Judges.
Leny Andriani, 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 jurisdiction under
FILED
SEP 30 2013
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 factual findings, Zehatye v.
Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006), and we deny the petition for
review.
Andriani testified that her family’s store was looted and burned during the
May 1998 riots, that she was robbed twice, and that her sister was robbed.
Substantial evidence supports the agency’s finding that Andriani did not suffer
harm rising to the level of past persecution. See Halim v. Holder, 590 F.3d 971,
975-76 (9th Cir. 2009) (no past persecution where petitioner was stripped naked,
spat on, detained for a couple of days, and beaten by a mob); Wakkary v. Holder,
558 F.3d 1049, 1059-60 (9th Cir. 2009) (no past persecution where petitioner was
“beaten by youths and robbed of his sandals and pocket money” years before
applying for asylum). Substantial evidence also supports the agency’s finding that,
even as a member of a disfavored group, Andriani has not established a well-
founded fear of future persecution because she has not demonstrated sufficient
individualized risk. See Halim, 590 F.3d at 979. Accordingly, Andriani’s asylum
claim fails.
Because Andriani failed to meet the lower burden of proof for asylum, it
follows that she has not met the higher standard for withholding of removal. See
Zehatye, 453 F.3d at 1190.

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Finally, substantial evidence supports the agency’s denial of CAT relief
because Andriani failed to establish it is more likely than not that she will be
tortured if returned to Indonesia. See Wakkary, 558 F.3d at 1067-68.
PETITION FOR REVIEW DENIED.

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