FILED
NOT FOR PUBLICATION AUG 05 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
NANDO KARIMUN HUTABARAT, No. 08-72812
Petitioner, Agency No. A095-630-033
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 2, 2011 **
Before: LEAVY, IKUTA, and N. R. SMITH, Circuit Judges.
Nando Karimun Hutabarat, a native and citizen of Indonesia, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s decision denying his application for withholding of
removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
substantial evidence, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir. 2009), and
we deny in part and dismiss in part the petition for review.
Substantial evidence supports the agency’s determination that Hutabarat did
not experience harms in Indonesia amounting to past persecution. See id. at 1059-
60 (the record did not compel a finding of past persecution where youths beat
petitioner and robbed his sandals and pocket money, and petitioner was accosted
by a threatening mob). Substantial evidence also supports the agency’s
determination that Hutabarat failed to demonstrate a clear probability of future
persecution. See Lolong v. Gonzales, 484 F.3d 1173, 1181 (9th Cir. 2007) (en
banc). We lack jurisdiction to review Hutabarat’s disfavored group claim, because
he did not raise it before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 677-78
(9th Cir. 2004). Accordingly, Hutabarat’s withholding of removal claim fails.
We deny the government’s request for supplemental briefing in this
proceeding.
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 08-72812