Daniel Kurniawan v. Eric H. Holder Jr.

MEMORANDUM

Daniel Kurniawan, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny the petition for review.

The record does not compel the conclusion that Kurniawan’s experiences of mistreatment, including incidents of robbery and assault, rose to the level of persecution. See id. at 1059-60 (“discriminatory mistreatment” of Indonesian Chinese Christian, including beatings and robberies and being accosted by a hostile mob, did not compel a finding of past persecution); Nagoulko v. INS, 333 F.3d 1012, 1016-18 (9th Cir.2003) (finding it “significant” in circumstances of case that petitioner “never suffered any significant physical violence” and concluding record did not compel a finding of past persecution). Further, substantial evidence supports the agency’s conclusion that Kurniawan failed to establish an individualized risk of persecution, even under…