James MacAwalang v. Eric Holder, Jr.

MEMORANDUM

James Ricardo Macawalang and Hesty Veronica Tiwa, 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 applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the BIA’s factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny in part and dismiss in part the petition for review.

We deny petitioners’ pending motions to take judicial notice of materials outside the administrative record. See Fisher v. INS, 79 F.3d 955, 963 (9th Cir.1996) (en banc) (this court’s review is limited to the administrative record).

With respect to Macawalang’s asylum claim, and Tiwa’s withholding of removal claim, substantial evidence supports the BIA’s determination that Macawalang and Tiwa failed to establish they experienced past persecution in Indonesia. See Wakkary, 558 F.3d at 1059-60 (“being accosted by a threatening mob” while driving was discriminatory mistreatment but did not constitute past…