Frederick Paulus v. Eric Holder, Jr.

MEMORANDUM

Frederick Delano Paulus, and his family, 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 application for asylum, 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, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006), and we deny the petition for review.

We deny petitioners’ motion to take judicial notice of the 2010 and 2011 State Department reports and we do not consider them. See Fisher v. INS, 79 F.3d 955, 963-64 (9th Cir.1996) (en banc) (the court’s review is limited to the administrative record).

Substantial evidence supports the BIA’s finding that petitioners have not established the incidents Paulus experienced in Indonesia rose to the level of persecution, where Paulus was never physically harmed or threatened. See Nagoulko v. INS, 333 F.3d 1012, 1016-18 (9th Cir.2003) (discrimination and harassment do not constitute persecution); see also Wakkary v. Holder, 558 F.3d 1049, 1060 (9th…