Fnu Maktinus v. Eric Holder, Jr.

MEMORANDUM

Maktinus, a native and citizen of Indonesia, petitions for review of a Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s 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 for substantial evidence the agency’s factual findings, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), and we deny the petition for review.

Substantial evidence supports the agency’s finding that the harms Maktinus suffered in Indonesia, even cumulatively, did not rise to the level of persecution. See id. at 1059-60 ; Halim v. Holder, 590 F.3d 971, 976 (9th Cir.2009) (incidents of harm petitioner suffered due to his Chinese ethnicity did “not compel a finding of past persecution”). Absent past persecution, he does not have a rebuttable presumption of a well-founded fear of future persecution. Substantial evidence also supports the agency’s determination that, even under a disfavored group analysis, Maktinus failed to demonstrate sufficient individualized risk of harm to establish a well-founded fear. See Halim, 590 F.3d at…