Testo completo
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NOT FOR PUBLICATION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
EVY OLIVIA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 12-70527
Agency No. A088-218-691
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.
Evy Olivia, 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 substantial evidence
FILED
OCT 21 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS
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12-70527 2
factual findings, Halim v. Holder, 590 F.3d 971, 975 (9th Cir. 2009), and we deny
the petition for review.
In her opening brief, Olivia does not challenge the agency’s finding that she
failed to establish past persecution. Substantial evidence supports the agency’s
finding that, even under a disfavored group analysis, Olivia failed to show
sufficient individualized risk of persecution in Indonesia to demonstrate a well-
founded fear of future persecution. See id. at 978-79. We reject Olivia’s
contention that the agency applied an incorrect standard in conducting the
disfavored group analysis. Olivia’s challenge to our opinion in Halim is
unavailing. Accordingly, her asylum claim fails.
Because Olivia failed to establish eligibility for asylum, she necessarily
failed to meet the more stringent standard for withholding of removal. See Zehatye
v. Gonzales, 453 F.3d 1182, 1190 (9th Cir. 2006).
PETITION FOR REVIEW DENIED.
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