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No. 8689017
United States Court of Appeals for the Ninth Circuit
Handoja v. Mukasey
No. 8689017 · Decided September 5, 2008
No. 8689017·Ninth Circuit · 2008·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
September 5, 2008
Citation
No. 8689017
Disposition
See opinion text.
Full Opinion
*552 MEMORANDUM ** John Handoja, native and citizen of Indonesia, petitions for review of a Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . Where, as here, the BIA adopts and affirms the IJ’s decision while also adding its own reasons, the court reviews both decisions. See Nuru v. Gonzales, 404 F.3d 1207, 1215 (9th Cir.2005). We review for substantial evidence, reversing only if the evidence compels the result, INS v. Elias-Zacanas, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we deny the petition. Even assuming Sael v. Ashcroft, 386 F.3d 922 (9th Cir.2004) applies to withholding of removal, substantial evidence supports the agency’s denial of withholding of removal because Handoja has failed to demonstrate a clear probability of future persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1184-85 (9th Cir.2003). Substantial evidence also supports the agency’s denial of withholding of removal because Handoja has similarly-situated family members who remain in Indonesia practicing Christianity without incident, including his father who is a pastor at a local church. See Hakeem v. INS, 273 F.3d 812, 816 (9th Cir.2001). In addition, the record does not establish that Handoja has demonstrated a pattern or practice of persecution against Chinese Christian Indonesians. See Lolong v. Gonzales, 484 F.3d 1173, 1178-81 (9th Cir.2007) (en banc). Substantial evidence supports the agency’s denial of CAT relief because Handoja has not shown it is more likely than not he will be tortured if returned to Indonesia. See 8 C.F.R. § 208.16 (c)(2). PETITION FOR REVIEW DENIED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
*552 MEMORANDUM ** John Handoja, native and citizen of Indonesia, petitions for review of a Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for withholdin
Key Points
01*552 MEMORANDUM ** John Handoja, native and citizen of Indonesia, petitions for review of a Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for withholdin
02Where, as here, the BIA adopts and affirms the IJ’s decision while also adding its own reasons, the court reviews both decisions.
03We review for substantial evidence, reversing only if the evidence compels the result, INS v.
04Ashcroft, 386 F.3d 922 (9th Cir.2004) applies to withholding of removal, substantial evidence supports the agency’s denial of withholding of removal because Handoja has failed to demonstrate a clear probability of future persecution.
Frequently Asked Questions
*552 MEMORANDUM ** John Handoja, native and citizen of Indonesia, petitions for review of a Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for withholdin
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This case was decided on September 5, 2008.
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