Kolibu

MEMORANDUM **

Derby Kolibu, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order dis *636 missing 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, Lolong v. Gonzales, 484 F.3d 1173, 1178 (9th Cir.2007) (en banc), and we deny the petition for review.

Kolibu has waived any argument regarding past persecution by failing to raise it in the opening brief. See Bazuaye v. INS, 79 F.3d 118, 120 (9th Cir.1996).

Even if the disfavored group analysis set forth in Sael v. Ashcroft, 386 F.3d 922, 927-29 (9th Cir.2004) applies to Indonesian Christians and applies in the context of withholding of removal, substantial evidence supports the agency’s determination that Kolibu failed to demonstrate that it was more likely than not he will be persecuted on account of his religion if he returned to Indonesia. See Hoxha v. Ashcroft, 319 F.3d 1179, 1184-85 (9th Cir.2003). Further, Kolibu’s future fear of persecution is undermined by the unharmed presence of similarly…