Johny Setiawan v. Eric Holder, Jr.

MEMORANDUM

Johny 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 (“IJ”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence factual findings and review de novo questions of law. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny in part and dismiss in part the petition for review.

Setiawan alleges that he suffered past persecution and has a well-founded fear of future persecution on account of his Chinese ethnicity. Substantial evidence supports the agency’s finding that Setiawan failed to establish past persecution because, even considered cumulatively, his experiences in Indonesia do not rise to the level of persecution. See Halim v. Holder, 590 F.3d 971, 975-76 (9th Cir.2009); Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003) (harassment, threats, and one beating did not compel finding of past persecution). Further, substantial evidence supports the BIA’s determination that, even under a…