Iman Yoeliko v. Eric Holder, Jr.

Good Law
447 F. App'x 799
United States Court of Appeals for the Ninth CircuitAugust 16, 201109-70697California345 words

Opinion

Opinion

MEMORANDUM

Iman Cokro Yoeliko and Imam Taufik Yoeliko, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s decision denying their applications 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 the agency’s factual findings, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), and we review de novo due process claims, Ibarra-Flores v. Gonzales, 489 F.3d 614 , 620 (9th Cir.2006). We deny the petition for review.

We reject petitioners’ contention that the agency violated their due process rights. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (requiring error and prejudice to prevail on due process claim).

The record does not compel the conclusion that petitioners experienced harms in Indonesia that rise to the level of past persecution. See Wakkary, 558 F.3d at 1059-60 (being twice beaten, robbed, and accosted by a threatening mob did not compel a past persecution finding); Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003) (harassment, threats, and…

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