Gunawan

MEMORANDUM **

Nico Gunawan and his brother, Ivan Gu-nawan, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s decision denying their applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny the petition for review as to Ivan, and we deny in part and grant in part the petition for review as to Nico.

With respect to Ivan’s asylum claim, substantial evidence supports the BIA’s finding that he did not establish past persecution. See Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003). Substantial evidence also supports the BIA’s finding that, even under a disfavored group analysis, Ivan did not demonstrate sufficient individualized risk of persecution to establish a well-founded fear of future persecution. Cf. Sael v. Ashcroft, 386 F.3d 922, 927-29 (9th Cir.2004). Accordingly, Ivan failed to establish eligibility for asylum.

Because Ivan failed to satisfy the lower standard of…