Sister Martini Sutedja 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NOT FOR PUBLICATION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
SISTER MARTINI SUTEDJA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-71645
Agency No. A099-735-991
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 26, 2012**
Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges.
Sister Martini Sutedja, 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 and withholding
of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for
FILED
JUL 10 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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substantial evidence the agency’s factual findings, and we review de novo the
agency’s legal determinations. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.
2009). We deny the petition for review.
Sutedja concedes that her experiences as an ethnic Chinese Christian woman
do not rise to the level of persecution, but she contends they establish a well-
founded fear under a disfavored group analysis. We disagree. Even under a
disfavored group analysis, the record does not compel the conclusion that Sutedja
has established a well-founded fear of persecution, because she has not established
sufficient individualized risk of harm. See Halim v. Holder, 590 F.3d 971, 977-80
(9th Cir. 2009); cf. Sael v. Ashcroft, 386 F.3d 922, 927-29 (9th Cir. 2004).
Accordingly, Sutedja’s asylum claim fails.
Finally, because Sutedja failed to meet the lower burden of proof for asylum,
her claim for withholding of removal necessarily fails. See Zehatye v. Gonzales,
453 F.3d 1182, 1190 (9th Cir. 2006).
PETITION FOR REVIEW DENIED.

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