Miguel Perez v. Eric H. Holder Jr.

MEMORANDUM

Miguel Angel Cab Perez and Claudia Colon Barrios, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and we deny the petition for review.

Petitioners do not challenge the agency’s dispositive finding that their application for asylum was untimely. Accordingly, their asylum claim fails.

Petitioners do not contend that they suffered past persecution. Substantial evidence supports the agency’s finding that petitioners failed to establish they have a clear probability of future harm based on their evangelical Christian religion because the record shows that problems for evangelical Christians are localized to particular areas. See Fakhry v. Mukasey, 524 F.3d 1057, 1065-66 (9th Cir.2008). We decline to consider the documents attached to petitioners’ opening brief because they are not part…