DONNY TJAN V. ERIC HOLDER, JR., No. 10-73071 (9th Cir. 2012)

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FILED DEC 28 2012 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT DONNY SIUN HOK TJAN, Petitioner, No. 10-73071 Agency No. A099-735-195 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted December 19, 2012 ** Before: GOODWIN, WALLACE, and FISHER, Circuit Judges. Donny Siun Hok Tjan, 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 and withholding of removal. We have jurisdiction under 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 the agency s factual findings, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir. 2009), and we deny the petition for review. Tjan testified he was robbed three times as a youth and was beaten up once while working as a rent collector for a commercial property owner. Substantial evidence supports the agency s finding that the harm Tjan suffered was not on account of his ethnicity, religion, or other protected ground. See Parussimova v. Mukasey, 555 F.3d 734, 740 (9th Cir. 2009) ( [t]he REAL ID Act requires that a protected ground represent one central reason for an asylum applicant s persecution ); Gormley v. Ashcroft, 364 F.3d 1172, 1177 (9th Cir. 2004) (random criminal acts bore no nexus to race). Substantial evidence also supports the agency s finding that Tjan failed to establish sufficient individualized risk of harm under a disfavored group analysis to establish a well-founded fear of persecution. See Halim v. Holder, 590 F.3d 971, 977-979 (9th Cir. 2009); cf. Sael v. Ashcroft, 386 F.3d 922, 927-29 (9th Cir. 2004). Because Tjan failed to meet the lower burden of proof for asylum, his claim for withholding of removal necessarily fails. See Zehatye v. Gonzales, 453 F.3d 1182, 1190 (9th Cir. 2006). PETITION FOR REVIEW DENIED. 2 10-73071

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