Edgar Sumanti v. Eric Holder, Jr.

MEMORANDUM

Edgar Irving Reynold Sumanti and Maryanti Fransisca Sumanti, 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 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.

We previously concluded that substantial evidence supported the agency’s finding that Sumanti failed to timely file his asylum application and that petitioners did not establish past persecution. Sumanti v. Mukasey, No. 06-71349, 2008 WL 5111602 (9th Cir. Nov. 28, 2008). We do not revisit these conclusion. Thus, we deny the petition as to petitioners’ asylum claim.

Substantial evidence supports the agency’s finding that, even under a disfavored group analysis, petitioners failed to submit sufficient evidence of individualized risk to show a clear probability of future persecution. See Wakkary v. Holder, 558 F.3d 1049, 1066 (9th Cir.2009) (a…