Tengker

Tengker v. Ashcroft

Good Law
120 F. App'x 110
United States Court of Appeals for the Ninth CircuitJanuary 13, 2005No. 04-70174California300 words

Opinion

Lead Opinion

MEMORANDUM **

Welly Tengker and Yulienny Verneita Raranta, husband and wife and natives and citizens of Indonesia, petition pro se for review of the Board of Immigration Appeals’ decision summarily affirming an Immigration Judge’s (“U”) decision denying their applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”).

We lack jurisdiction to review the discretionary decision that the asylum applications were untimely. See Molina-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002) (citing 8 U.S.C. § 1158 (a)(3)).

We have jurisdiction under 8 U.S.C. § 1252 -, to review the denial of petitioners’ remaining claims. Substantial evidence supports the IJ’s finding that petitioners failed to demonstrate that it is more likely than not that they would suffer persecution based on their ethnic-Chinese and Christian background if returned to Indonesia, as required to qualify for withholding of removal. See Hoxha v. Ashcroft, 319 F.3d 1179, 1184-85 (9th Cir. 2003). Petitioners experienced isolated incidents of discrimination and harassment *112 in Indonesia, and have family members who continue to live there without incident. See Hakeem v.…

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