Sneiders Salindeho v. Eric Holder, Jr.

MEMORANDUM

Eric Sneiders Salindeho and Mercy An-neke Tamaka, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from the 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 de novo legal findings and review for substantial evidence factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny the petition for review.

We do not address the 2010 religious freedom report petitioners attached to their opening brief because our review is limited to the administrative record underlying the agency’s decision. See Fisher v. INS, 79 F.3d 955, 963 (9th Cir.1996); cf. Gafoor v. INS, 231 F.3d 645, 655 (9th Cir.2000) (court may take judicial notice of dramatic events and remand to agency for consideration).

Substantial evidence supports the agency’s finding that the harassment petitioners experienced in Indonesia, including the groping Tamaka suffered, does not rise to the level of persecution. See Wakkary, 558 F.3d at 1059-60 . Substantial evidence also…