Eko Setyawan v. Eric Holder, Jr.

MEMORANDUM

Eko Setyawan, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from the immigration judge’s (“IJ”) decision denying his application for asylum and withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings and review de novo its legal conclusions. Santos-Lemus v. Mukasey, 542 F.3d 738, 742 (9th Cir.2008). We deny in part and dismiss in part the petition for review.

Setyawan does not challenge the agency’s dispositive finding that his,application for asylum was untimely. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (issues not supported by argument are deemed abandoned). Accordingly, his asylum claim fails.

Setyawan does not contend he suffered past persecution, but fears future persecution because unknown assailants sexually assaulted his daughter and burned down his brother’s church. Substantial evidence supports the agency’s finding that he does not have a clear probability of future persecution because he did not establish he faces any particular threat. See Wakkary v. Holder, 558 F.3d…