Nafi Tamami v. ERIC H. HOLDER, Jr., Attorney General

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
NAFI TAMAMI,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-72881
Agency No. A098-263-597
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 6, 2012**
Before: B. FLETCHER, REINHARDT, and TASHIMA, Circuit Judges.
Nafi Tamami, 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 withholding of removal and protection
under the Convention Against Torture (“CAT”). We have jurisdiction under
FILED
MAR 21 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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2 09-72881
8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings,
and we review de novo the agency’s legal determinations. Wakkary v. Holder, 558
F.3d 1049, 1056 (9th Cir. 2009). We deny the petition for review.
Substantial evidence supports the agency’s denial of withholding of removal
because Tamami’s experiences in Indonesia do not rise to the level of persecution.
See id. at 1059-60 (concluding petitioner experienced discriminatory
mistreatment). In addition, the record does not compel that Tamami will be
individually targeted for persecution, see Kohli v. Gonzales, 473 F.3d 1061, 1071
(9th Cir. 2007), and he failed to establish there is a pattern or practice of
persecution against moderate Muslims in Indonesia, see Wakkary, 558 F.3d at
1061.
Finally, substantial evidence supports the agency’s denial of CAT relief
because Tamami failed to show it is more likely than not he will be tortured with
the consent or acquiescence of the government if returned to Indonesia. See
Wakkary, 558 F.3d at 1067-68.
PETITION FOR REVIEW DENIED.

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