Lal
Lal v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM ***
Sati and Anita Lai, natives and citizens of Fiji, petition for review of the Board of Immigration Appeals’ (“BIA”) streamlined decision affirming the immigration judge’s (“IJ”) denial of their applications for asylum and withholding of deportation, and for suspension of deportation.
We lack jurisdiction to review the IJ’s discretionary determination that petitioners failed to show the requisite hardship necessary to qualify for suspension of deportation. See Kalaw v. INS, 133 F.3d 1147, 1152 (9th Cir.1997).
Because the transitional rules apply, see id. at 1150 , we have jurisdiction over the petition for review insofar as it challenges the denial of the asylum and withholding of deportation application pursuant to 8 U.S.C. § 1105a(a). We review questions of law de novo, and factual findings for substantial evidence. Melkonian v. Ashcroft, 320 F.3d 1061, 1065 (9th Cir.2003). *580 We deny in part and dismiss in part the petition for review.
Substantial evidence supports the IJ’s conclusion that Sati Lai failed to establish past persecution or a well-founded fear of future persecution on account of an enumerated ground because Sati Lai failed to demonstrate that…