Johanes v. General , 381 F. App'x 690 ( 2010 )

FILED
NOT FOR PUBLICATION JUN 03 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
FITSGERALD JOHANES, No. 05-73687
Petitioner, Agency No. A095-629-938
v.
MEMORANDUM *
ERIC H. HOLDER Jr. Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted, May 25, 2010 **
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Fitsgerald Johanes, a native and citizen of Indonesia, petitions for review of
the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying his application for asylum, withholding of
removal and relief 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. We review for substantial evidence, Hoxha v.
Ashcroft, 319 F.3d 1179, 1182 n.4 (9th Cir. 2003), and we deny the petition for
review.
The record does not compel the conclusion that Johanes established changed
or extraordinary circumstances to excuse his late filed asylum application. See 8
C.F.R. § 1208.4(a)(4), (5). Accordingly, Johanes’ asylum claim fails.
Substantial evidence supports the agency’s finding that Johanes’ encounter
with a group of Muslims in 1998 in which they asked to see his identification card,
having the front window of his car broken and a church group meeting disturbance
did not amount to past persecution. See Nagoulko v. INS, 333 F.3d 1012, 1016
(9th Cir. 2003).
Further, substantial evidence supports the agency’s conclusion that Johanes
has not demonstrated the requisite individualized risk of persecution as a Christian
to establish a clear probability of persecution. See Hoxha, 319 F.3d at 1184-85,
Wakkary v. Holder, 558 F.3d 1049, 1064-65 (9th Cir. 2009). Further, on the
record, Johanes failed to establish a pattern or practice of persecution of Christians
in Indonesia. See id. at 1060-61.
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Johanes does not raise any arguments in his opening brief regarding the
agency’s denial of his CAT claim, therefore it is waived. See Martinez-Serrano v.
INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not supported by argument are
deemed waived).
PETITION FOR REVIEW DENIED.
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