Cicilia
Cicilia v. Mukasey
Opinion
Lead Opinion
*92 MEMORANDUM **
Vonny Cicilia and her husband, Eddy Andoko, natives and citizens of Indonesia, 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 withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence findings of fact, Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003), and de novo claims of due process violations, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We deny the petition for review.
The BIA denied Cicilia’s asylum application as time-barred. Cicilia does not challenge this finding in her opening brief.
Substantial evidence supports the BIA’s conclusion that Cicilia failed to establish withholding of removal, because the incidents that occurred to her and her family members do not amount to past persecution, and even if the disfavored group analysis set forth in Sael v. Ashcroft, 386 F.3d 922 (9th Cir.2004) applies in the context of withholding of removal, Cicilia has not demonstrated a clear probability of persecution. See Hoxha v. Ashcroft,…