Kurniawati

MEMORANDUM

Yuni Kurniawati, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . Reviewing for substantial evidence, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), we deny the petition for review.

We decline to address Kurniawati’s past persecution claim because that claim was not before the agency after the BIA granted the motion to reopen to address Kurniawati’s fear of future harm in Indonesia in light of new Ninth Circuit decisions. See Ramirez-Altamirano v. Holder, 563 F.3d 800, 804 (9th Cir.2009) (noting review is limited to the actual grounds relied upon by BIA). In any event, the record does not compel the conclusion that the mistreatment Kurniawati encountered in Indonesia rose to the level of persecution. See Wakkary, 558 F.3d at 1060-61 . Further, even as a member of a disfavored group, she has not demonstrated the requisite individualized risk of persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1184-85 (9th Cir.2003); see also Wakkary,…