Radi Marta Basri 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).
DL/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RADI MARTA BASRI,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-72524
Agency No. A096-495-164
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 16, 2010**
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
Radi Marta Basri, 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
FILED
MAR 25 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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DL/Research 07-72524 2
removal, and protection under the Convention Against Torture (“CAT”). We have
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence factual
findings, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir. 2009), and we deny the
petition for review.
The agency denied Basri’s asylum application as time-barred. Basri does
not challenge this finding in his opening brief. See Martinez-Serrano v. INS, 94
F.3d 1256, 1259-60 (9th Cir. 1996) (issues not specifically raised and argued are
waived). Accordingly, we deny the petition as to Basri’s asylum claim.
Substantial evidence supports the agency’s denial of Basri’s withholding of
removal claim based on changed circumstances in Indonesia in light of the
Indonesian government’s grant of amnesty to members of the Free Aceh
Movement. See Sowe v. Mukasey, 538 F.3d 1281, 1285-88 (9th Cir. 2008).
Substantial evidence also supports the agency’s denial of CAT relief because
Basri did not demonstrate it is more likely than not he would be tortured by
government officials, or with their acquiescence, if returned to Indonesia. See id.
at 1288-89.
PETITION FOR REVIEW DENIED.

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