Wakarry Hiu v. Holder

MEMORANDUM

Fransiska Jasinta Kapoh and her husband and children, 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 application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . Reviewing for substantial evidence, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), we deny the petition for review.

Petitioners do not raise any arguments in their opening brief regarding the agency’s dispositive determination that their asylum claim was time-barred. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (issues not supported by argument are deemed waived). Accordingly, we deny the petition with respect to their asylum claim.

Kapoh claims she was persecuted in Indonesia based on the stoning of her home during the May 1998 riots. Substan tial evidence supports the agency’s finding that Kapoh failed to establish she suffered harm that rose to the level of past persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003). In addition, even as a member…