Deny Arianto v. Eric Holder, Jr.

MEMORANDUM

Renfil Syamsir, 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 and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Lim v. INS, 224 F.3d 929, 933 (9th Cir.2000), and we re view de novo due process claims, Liu v. Holder, 640 F.3d 918, 930 (9th Cir.2011). We deny the petition for review.

Substantial evidence supports the BIA’s finding that Syamsir, who was never arrested, physically harmed, or directly threatened, failed to establish past persecution. See Lim, 224 F.3d at 936 ; Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003) (petitioner failed to present evidence that compelled a finding of past persecution). Substantial evidence also supports the finding that Syamsir failed to establish it is more likely than not he will be persecuted if returned to Indonesia. See Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir.2003) (possibility of future persecution too speculative). Accordingly, Syamsir’s…