Setiawan

MEMORANDUM **

Vichy Setiawan, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’s (“BIA”) decision affirming the Immigration Judge’s (“IJ”) decision denying his application for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). The IJ found Setiawan had not suffered past persecution on a protected ground, nor had he demonstrated a well-founded fear of future persecution. Setiawan also petitions for review of the BIA’s denial of his motion to reopen and reconsider based on changed circumstances. The BIA found that even if native Chinese, homosexuals and Buddhists are disfavored groups in Indonesia, Setiawan failed to show he would individually be targeted for persecution. We have jurisdiction under 8 U.S.C. § 1252 (a), and we affirm. Because the parties are familiar with the facts, we do not recite them here.

Setiawan introduced evidence of discrimination on the basis of his Chinese ethnicity, but the evidence does not rise to the level of persecution. Ghaly v. INS, 58 F.3d 1425, 1431 (9th Cir.1995). Therefore, Setiawan did not demonstrate past persecution. Deloso v. Ashcroft, 393 F.3d 858, 863-64 (9th…