Ledyana Carolien v. Eric H. Holder Jr.

MEMORANDUM

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

Substantial evidence supports the agency’s finding that Carolien did not suffer past persecution because she was never personally confronted, threatened, or attacked. See Wakkary, 558 F.3d at 1059-60 ; Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003). We do not consider Carolien’s contention that the IJ should have applied a lower burden to her past persecution claim, given that she was a child at the time of the primary incidents, because she failed to exhaust that issue before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004).

Even as a member of two disfavored groups, Chinese and Christian, the record does not compel the conclusion that Carolien demonstrated a sufficiently individualized threat of persecution to establish a…