Yulunta Sulindro v. Michael Mukasey

MEMORANDUM

Yulunta Sulindro and his family, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s decision denying their claims for withholding of 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. See Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We deny the petition for review.

We decline to consider petitioners’ argument regarding the pattern and practice of persecution of Christians in Indonesia. See Bazuaye v. INS, 79 F.3d 118, 120 (9th Cir.1996) (per curiam) (“Issues raised for the first time in the reply brief are waived.”). We also decline to consider the new evidence petitioners reference in their opening brief because our review is limited to the administrative record underlying the immigration judge’s decision. See Fisher v. INS, 79 F.3d 955, 963 (9th Cir.1996) (en banc).

Substantial evidence supports the agency’s determination that the incidents of mistreatment at issue, including Sulindro’s beating by students from a rival school after a…