David Anggalino 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 finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
DL/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DAVID ANGGALINO,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-71982
Agency No. A095-564-705
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
David Anggalino, a native and citizen of Indonesia, petitions for review of
the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying his application for withholding of removal
FILED
DEC 14 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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DL/Research 07-71982 2
and relief under the Convention Against Torture (“CAT”). We have jurisdiction
under 8 U.S.C. § 1252. We review for substantial evidence findings of fact, and
we review de novo legal determinations, Wakkary v. Holder, 558 F.3d 1049, 1056
(9th Cir. 2009). We deny the petition for review.
Substantial evidence supports the agency’s finding that the harm Anggalino
experienced in Indonesia was not severe enough to rise to the level of persecution.
See Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir. 2003). Moreover, the
evidence does not compel a finding that Anggalino faces a clear probability of
future persecution, even as a member of a disfavored group. See id. at 1185.
Accordingly, we deny the petition for review as to Anggalino’s withholding of
removal claim.
Substantial evidence also supports the agency’s denial of CAT relief because
Anggalino failed to show it is more likely than not he would be tortured if returned
to Indonesia. See Wakkary, 558 F.3d at 1068.
PETITION FOR REVIEW DENIED.

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