Frank Napitupulu v. Eric Holder, Jr.

MEMORANDUM

Frank Juliver Napitupulu, 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 (“IJ”) decision denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 (a)(1). We review factual determinations for substantial evidence, Mendoza-Pablo v. Holder, 667 F.3d 1308, 1312 (9th Cir.2012), and we deny the petition for review.

To demonstrate eligibility for asylum on the basis of past persecution, an applicant must establish that the persecution was “committed by the government or forces the government is either unable or unwilling to control.” Navas v. I.N.S., 217 F.3d 646, 655-56 (9th Cir.2000).

Napitupulu recounted harm he suffered because he is a Seventh Day Adventist Christian. Each incident involved private actors. He reported only one incident to school authorities, he did not attempt to prosecute any incident, and he otherwise did not avail himself of the protection of the police. Napitupulu stated that reporting to the police would be futile and that bribes were…