Nando Hutabarat v. Eric H. Holder Jr.

MEMORANDUM

Nando Karimun Hutabarat, 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 decision denying his application for withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), and we deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s determination that Hutabarat did not experience harms in Indonesia amounting to past persecution. See id. at 1059-60 (the record did not compel a finding of past persecution where youths beat petitioner and robbed his sandals and pocket money, and petitioner was accosted by a threatening mob). Substantial evidence also supports the agency’s determination that Hutabarat failed to demonstrate a clear probability of future persecution. See Lolong v. Gonzales, 484 F.3d 1173, 1181 (9th Cir.2007) (en banc). We lack jurisdiction to review Hutabarat’s disfa vored group claim, because he did not raise it before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004). Accordingly,…