Benny Surjadi v. Eric H. Holder Jr.

MEMORANDUM

Benny Surjadi, 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 protection under the Convention Against Torture. (“CAT”). We have jurisdiction under 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). We deny in part and grant in part the petition for review, and we remand.

Substantial evidence supports the BIA’s denial of CAT relief because Surjadi failed to demonstrate it is more likely than not he will be tortured if returned to Indonesia. See id. at 1068 . Accordingly, Surja-di’s CAT claim fails.

Surjadi claims he was robbed several times over the course of his life in Indonesia. These robberies do not compel a finding of past persecution. See Halim v. Holder, 590 F.3d 971, 975-76 (9th Cir.2009) (numerous incidents of mistreatment, including arbitrary arrest and detention by police and beating at the hands of rioters, did not compel finding of past persecution). Substantial' evidence supports the BIA’s…