Sumik Tan, a.k.a. Sumik v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SUMIK TAN, a.k.a. Sumik,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 12-71194
Agency No. A088-091-688
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 15, 2013**
Before: FISHER, GOULD, and BYBEE, Circuit Judges.
Sumik Tan, 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 and withholding
of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for
FILED
OCT 21 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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substantial evidence the agency’s factual findings, Wakkary v. Holder, 558 F.3d
1049, 1056 (9th Cir. 2009), and we deny the petition for review.
Substantial evidence supports the BIA’s finding that Tan’s experiences, even
considered cumulatively, do not rise to the level of past persecution. See id. at
1059; Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir. 2003) (harassment and one
beating unconnected with any particular threat did not compel finding of past
persecution). Substantial evidence also supports the BIA’s determination that,
even under a disfavored group analysis, Tan failed to demonstrate sufficient
individualized risk of harm to establish a well-founded fear of future persecution.
See Halim v. Holder, 590 F.3d 971, 979-80 (9th Cir. 2009). Consequently, her
asylum claim fails.
Because Tan failed to demonstrate eligibility for asylum, it follows she did
not satisfy the more stringent standard for withholding of removal. See id. at 980
n.7.
PETITION FOR REVIEW DENIED.
12-71194 2

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