Budiarja

MEMORANDUM

Petitioner Ezra Oscar Budiarja, a native and citizen of Indonesia, petitions for review of a December 19, 2007 decision by the Board of Immigration Appeals (“BIA” or “Board”), denying his petition for withholding of removal and for protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition.

We review the BIA’s “legal determinations de novo, and factual findings for substantial evidence.” Wakkary v. Holder, 558 F.8d 1049, 1056 (9th Cir.2009) (citing He rnandez-Gil v. Gonzales, 476 F.3d 803 , 804 n. 1 (9th Cir.2007)). In order to prevail on his petition for withholding of removal, Budiarja bears the burden of showing that he “has a well-founded fear of future persecution” if removed to Indonesia. 8 C.F.R. § 1208.13 (b). He may make this showing either by directly proving the factual basis for the well-founded fear of future persecution, or by showing that he has suffered past persecution. Id. A showing of past persecution creates a rebuttable presumption of future persecution. 8 C.F.R. § 1208.13 (b)(1).

This burden has not been met. For purposes of withholding of removal, “persecution” is “ ‘the…