Hermanto Lim v. Eric Holder, Jr.

MEMORANDUM

Hermanto Lim, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order (“BIA”) dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), and we review de novo claims of due process violations, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s finding that the cumulative effect of the harms experienced by Lim, including several physical altercations in his youth, fear during anti-Chinese riots, an altercation with a police officer, minor extortion, and intimidation at his family’s home, do not rise to the level of persecution. See Halim v. Holder, 590 F.3d 971, 975-76 (9th Cir.2009) (incidents suffered by ethnic Chinese petitioner in Indonesia, considered in the aggregate, did not amount to persecution); Hoxha v. Ashcroft, 319…