FILED
NOT FOR PUBLICATION OCT 15 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
TETDI SUSANTO TJHAI, No. 10-71751
Petitioner, Agency No. A099-716-211
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 9, 2012 **
Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.
Tetdi Susanto Tjhai, 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 asylum, withholding of
removal, and protection under the Convention Against Torture (“CAT”). We have
*
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).
jurisdiction under 8 U.S.C. § 1252. Reviewing for substantial evidence the
agency’s factual findings, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir. 2009),
we deny the petition for review.
Tjhai’s experiences in Indonesia, some of which occurred when he was
young, and which included robberies, the looting and destruction of his family’s
store during the 1998 riots, and discriminatory comments from a teacher, do not
compel a finding of past persecution. See id. at 1059-60; Halim v. Holder, 590
F.3d 971, 975-76 (9th Cir. 2009) (incidents of mistreatment, including arbitrary
arrest and detention by police and beating at the hands of rioters, did not compel
finding of past persecution); see also Prasad v. INS, 47 F.3d 336, 340 (9th Cir.
1995) (“Although a reasonable factfinder could have found this incident sufficient
to establish past persecution, we do not believe that a factfinder would be
compelled to do so.”) (emphasis in original). Further, substantial evidence
supports the BIA’s determination that, even under a disfavored group analysis,
Tjhai failed to show sufficient individualized risk to establish eligibility for
asylum. See Halim, 590 F.3d at 977-79. Accordingly, Tjhai’s asylum claim fails.
Because Tjhai failed to demonstrate eligibility for asylum, he necessarily
failed to satisfy the more stringent standard for withholding of removal. See
Zehatye v. Gonzales, 453 F.3d 1182, 1190 (9th Cir. 2006).
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Finally, Tjhai does not challenge the denial of his CAT claim. See Martinez-
Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not specifically
raised and argued in a party’s opening brief are waived).
PETITION FOR REVIEW DENIED.
3 10-71751