Lumingkewas

MEMORANDUM **

Toar Putra Fajar Lumingkewas, 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 (“IJ”) 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 de novo questions of law and for substantial evidence factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny the petition for review.

We do not address Lumingkewas’s arguments regarding the timeliness of his asylum application because the BIA addressed his asylum claim on the merits. Substantial evidence supports the agency’s past persecution finding because the stoning of Lumingkewas’s church did not constitute persecution, see id. at 1059-60 (“discriminatory mistreatment” including two incidents of beating and robbery and being accosted by a hostile mob did not compel a finding of past persecution), and Lumingkewas did not show the government was unable or unwilling to control the men who attacked him on Christmas Eve, see Castro-Perez v. Gonzales, 409 F.3d 1069,…