Maloni Qioniwasa v. Eric Holder, Jr.
Opinion
Opinion
MEMORANDUM
Maloni Vakacavu Qioniwasa, lead petitioner, and his spouse, Olimaipa Leba Qioniwasa, natives and citizens of Fiji, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their application for asylum and withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence, Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003), and we deny in part and dismiss in part the petition for review.
Petitioners do not challenge the BIA’s finding that they made no claim of past persecution. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (issues not addressed in the argument portion of a brief are deemed waived).
Lead petitioner testified that he is a pastor and would be mistreated in Fiji if he speaks out against the government. Substantial evidence supports the BIA’s finding that petitioners failed to establish a clear probability of future persecution in Fiji. See Nagoulko, 333 F.3d at 1018 (possibility of future persecution too speculative). Accordingly, their withholding of removal claim fails.