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Souw v. Mukasey
Citation: 305 F. App'x 317Docket: No. 06-70071
Court: Court of Appeals for the Ninth Circuit; November 2, 2008; Federal Appellate Court
Sugianto Souw, a citizen of Indonesia, petitions for review of a Board of Immigration Appeals (BIA) order that dismissed his appeal against an immigration judge's denial of his asylum application, withholding of removal, and protection under the Convention Against Torture (CAT). The court has jurisdiction under 8 U.S.C. § 1252 and employs a substantial evidence review standard. The BIA found Souw's asylum claim to be time-barred, a conclusion that Souw does not contest in his brief. The court affirms the BIA's decision, noting that substantial evidence supports the finding that Souw's experiences do not amount to past persecution. Additionally, even if the disfavored group analysis applies to his withholding of removal claim, Souw failed to demonstrate a clear probability of persecution. The record also does not indicate a pattern or practice of persecution against ethnic Chinese individuals in Indonesia. The court declines to consider Souw's CAT claim as it was not raised in his opening brief. Consequently, the petition for review is denied, and the disposition is not designated for publication and holds no precedential value except as allowed by 9th Cir. R. 36-3.