Manto Sentoso v. Eric H. Holder Jr.

Good Law
456 F. App'x 643
United States Court of Appeals for the Ninth CircuitOctober 28, 201108-73641California361 words

Opinion

Opinion

MEMORANDUM

Manto Sentoso and Ellyna Tjondrowalu-jo, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their applications 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. INS v. Elias-Zacarias, 502 U.S. 478 , 481 & n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). “Whether the IJ complied with the BIA’s four procedural requirements for a frivolousness finding is a question of law we review de novo.” Liu v. Holder, 640 F.3d 918, 928 (9th Cir.2011). We deny the petition for review.

The agency’s conclusion that petitioners knowingly filed frivolous asylum applications is supported by a preponderance of the evidence in light of petitioners’ admission that Sentoso filed an asylum application containing false statements in 2003 and petitioners failed to correct the misstatements during their interview before the Asylum Officer. See Ahir v. Mukasey, 527 F.3d 912, 918 (9th Cir.2008). Accordingly, petitioners’ asylum claims…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.