To Then v. Eric Holder, Jr.

MEMORANDUM

To Ji Then, 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 asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings. Zehatye v. Gonzales, 458 F.3d 1182, 1184-85 (9th Cir.2006). We deny the petition for review.

Because our review is limited to the administrative record, we do not consider the religious freedom reports Then submitted. See Fisher v. INS, 79 F.3d 955, 963 (9th Cir.1996) (en banc); cf. Gafoor v. INS, 231 F.3d 645, 655-57 (9th Cir.2000). We deny Then’s motion for judicial notice and deny the government’s motion to strike.

Among other things, Then testified that he faced mistreatment in elementary and high school, suffered a beating near his church, and had to pay bribes to government officials. These incidents, even considered cumulatively, do not compel a finding of past persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003) (lifetime of harassment and…