Ross Tan v. Eric Holder, Jr.

MEMORANDUM

Ross Fatmahwaty Tan and her family, 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. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, and we review de novo the agency’s legal determinations. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny the petition for review.

Substantial evidence supports the agency’s finding that the incidents of harassment and discrimination experienced by petitioners do not rise to the level of persecution. See Nagoulko v. INS, 333 F.3d 1012, 1016-17 (9th Cir.2003) (record did not compel finding that Ukrainian Pentecostal Christian who was “teased, bothered, discriminated against and harassed” suffered from past persecution); Hoxha v. Ashcroft, 319 F.3d 1179, 1181-82 (9th Cir.2003) (lifetime of harassment, threats, and mistreatment including one beating did not compel finding of past persecution). Further, substantial evidence supports the agency’s finding that, even under a disfavored group analysis, petitioners have not…