Devid Rumbayan v. Eric H. Holder Jr.

MEMORANDUM

Devid Eduard Arnolus Rumbayan, 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 and review de novo legal determinations. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny the petition for review.

Rumbayan does not challenge the agency’s dispositive finding that his asylum application is time-barred. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (issues not specifically raised and argued in a party’s opening brief are waived). Accordingly, Rumbayan’s asylum claim fails.

Rumbayan testified that he was never injured in Indonesia on account of his race or religion, and does not contend he suffered past persecution, but he argues he fears future persecution on the basis of his Christian faith and his marriage to an ethnic Chinese Christian woman. Substantial evidence supports the agency’s conclusion that Rumbayan failed to demonstrate a clear probability of future persecution…