Sari Dewi v. Eric Holder, Jr.

MEMORANDUM

Sari Dewi and Edy Djunaidy, 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 the agency’s factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny in part and grant in part the petition for review, and we remand.

The record does not compel the conclusion that petitioners established changed circumstances to excuse their untimely asylum application. See 8 C.F.R. § 1208.4 (a)(4); Ramadan v. Gonzales, 479 F.3d 646, 656-658 (9th Cir.2007) (per curiam). Accordingly, petitioners’ asylum claim fails.

Petitioners do not raise any argument challenging the denial of their CAT claim. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (issues not specifically raised and argued in a party’s opening brief are waived).

With respect to withholding of removal, Dewi alleges that she was beaten twice, that her house was stoned, and…