Kui Bun Thai v. Holder

MEMORANDUM **

Kui Bun Thai, a native and citizen of Indonesia, petitions for review of a Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for 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, INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and deny in part and grant in part the petition for review.

The agency denied Thai’s asylum claim as time-barred. Thai does not challenge this finding in his opening brief.

*590 Substantial evidence supports the IJ’s finding that Thai failed to establish past persecution by persons the government was unable or unwilling to control. See Castro-Perez v. Gonzales, 409 F.3d 1069, 1072 (9th Cir.2005). Substantial evidence also supports the IJ’s finding that Thai did not demonstrate a pattern or practice of persecution against Chinese Christians in Indonesia. See Lolong v. Gonzales, 484 F.3d 1173, 1180-81 (9th Cm. 2007) (en banc). We reject Thai’s contention that the IJ’s decision impermissibly relied on country…