Gandasuli

Gandasuli v. Ashcroft

Good Law
107 F. App'x 70
United States Court of Appeals for the Ninth CircuitAugust 17, 2004Nos. 03-70705California352 words

Opinion

Lead Opinion

MEMORANDUM **

Reynold Nocke Fernando Gandasuli, and his wife Meyliana Priscilia Tjia, natives and citizens of Indonesia, petition for review of the decision of the Board of Immigration Appeals (“BIA”), affirming an immigration judge’s (“IJ”) denial of their application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review the denial of asylum for substantial evidence, Lata v. INS, 204 F.3d 1241, 1245 (9th Cir.2000), and we deny the petition for review.

Substantial evidence supports the BIA’s determination that the specific treatment petitioners suffered did not rise to the level of persecution, see Singh v. INS, 134 F.3d 962, 967-68 (9th Cir.1998), and does not provide a basis for a well-founded fear of persecution, see id. at 969-70 .

Because petitioners failed to establish eligibility for asylum, they necessarily failed to establish eligibility for withholding of removal. See Alvarez-Santos v. INS, 332 F.3d 1245, 1255 (9th Cir.2003).

Petitioners’ due process contention is unpersuasive because they fail to show how they were prejudiced by the BIA’s adjudicating their asylum application on the merits, without first reviewing the…

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