San

San v. Holder

Good Law
328 F. App'x 424
United States Court of Appeals for the Ninth CircuitJune 30, 2009No. 06-71920California324 words

Opinion

Lead Opinion

MEMORANDUM **

Liou Fuk San and his son, natives and citizen of Indonesia, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s decision denying their application for 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 and will uphold the agency’s decision unless the evidence compels a contrary conclusion. Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to address petitioners’ contention that they are entitled to withholding of removal and CAT relief as members of a disfavored group because they failed to exhaust the issue. See Barron v. Ashcroft, 358 F.3d 674, 677 (9th Cir.2004).

Substantial evidence supports the agency’s determination that petitioners failed to establish the government was unwilling or unable to control the younger petitioner’s attacker in the mugging incident, see Castro-Perez v. Gonzales, 409 F.3d 1069, 1072 (9th Cir.2005), or to demonstrate the harm petitioners suffered in the other incidents rose to…

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