David Budianto v. Eric H. Holder Jr.

MEMORANDUM

Ardían Setiawan, 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, 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 and de novo questions of law. 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 Setiawan established extraordinary circumstances excusing his untimely asylum application. See 8 C.F.R. § 1208.4 (a)(5). Accordingly, Setiawan’s asylum claim fails.

Substantial evidence supports the agency’s finding that the harms Setiawan experienced in Indonesia do not rise to the level of persecution. See Wakkary, 558 F.3d at 1059-60 (being twice beaten, robbed, and accosted by a threatening mob did not compel finding of past persecution). In addition, even as a member of a disfavored group, Setiawan has not shown sufficient individualized risk to establish a clear probability of persecution in…