Tommy Sudiartate v. Eric Holder, Jr.

MEMORANDUM

Tommy Benny Sudiartate, 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 asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and we deny the petition for review.

Substantial evidence supports the BIA’s finding that, even if Sudiartate’s application for asylum had been timely filed, he failed to establish that he suffered past persecution. See Wakkary v. Holder, 558 F.3d 1049, 1059-60 (9th Cir.2009) (“being accosted by a threatening mob” while driving was discriminatory mistreatment but did not constitute past persecution). Substantial evidence further supports the BIA’s finding that even under a disfavored group analysis, Sudiartate failed to establish sufficient individualized risk of harm to demonstrate a well-founded fear of persecution. See Halim v. Holder, 590 F.3d 971, 977-79 (9th Cir.2009) (determining that Christian Indonesian…