Setiawan v. Holder , 398 F. App'x 181 ( 2010 )

FILED
NOT FOR PUBLICATION SEP 28 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MOHAMAD SETIAWAN, No. 07-74577
Petitioner, Agency No. A095-629-952
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Mohamad Setiawan, a native and citizen of Indonesia, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s decision denying his application for withholding of removal
and relief under the Convention Against Torture (“CAT”). We have jurisdiction
*
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).
under 8 U.S.C. § 1252. We review for substantial evidence, Hoxha v. Ashcroft,
319 F.3d 1179, 1182 n. 4 (9th Cir. 2003), and we deny the petition for review.
Substantial evidence supports the BIA’s denial of withholding of removal
because Setiawan failed to demonstrate it is more likely than not he will be
persecuted as a member of a particular social group comprised of Indonesians with
United States citizen children. See id. at 1184-85.
Substantial evidence also supports the BIA’s denial of CAT relief because
Setiawan failed to establish it is more likely than not he would be tortured if
returned to Indonesia. See El Himri v. Ashcroft, 378 F.3d 932, 938 (9th Cir. 2004).
PETITION FOR REVIEW DENIED.
2 07-74577