Filed: Sep. 30, 2013
Latest Update: Mar. 02, 2020
Summary: NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT SEP 30 2013 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS EDGAR IRVING REYNOLD SUMANTI; No. 12-70288 MARYANTI FRANSISCA SUMANTI, Agency Nos. A097-101-669 Petitioners, A097-101-670 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted September 24, 2013 ** Before: RAWLINSON, N.R. SMITH, and CHRISTEN, Circuit Judges. Edgar
Summary: NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT SEP 30 2013 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS EDGAR IRVING REYNOLD SUMANTI; No. 12-70288 MARYANTI FRANSISCA SUMANTI, Agency Nos. A097-101-669 Petitioners, A097-101-670 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted September 24, 2013 ** Before: RAWLINSON, N.R. SMITH, and CHRISTEN, Circuit Judges. Edgar I..
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NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT SEP 30 2013
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
EDGAR IRVING REYNOLD SUMANTI; No. 12-70288
MARYANTI FRANSISCA SUMANTI,
Agency Nos. A097-101-669
Petitioners, A097-101-670
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 24, 2013 **
Before: RAWLINSON, N.R. SMITH, and CHRISTEN, Circuit Judges.
Edgar Irving Reynold Sumanti and Maryanti Fransisca Sumanti, natives and
citizens 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 asylum, withholding of removal, and relief under the Convention
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We
review for substantial evidence factual findings, Zehatye v. Gonzales,
453 F.3d
1182, 1184-85 (9th Cir. 2006), and we deny the petition for review.
We previously concluded that substantial evidence supported the agency’s
finding that Sumanti failed to timely file his asylum application and that petitioners
did not establish past persecution. Sumanti v. Mukasey, No. 06-71349,
2008 WL
5111602 (9th Cir. Nov. 28, 2008). We do not revisit these conclusion. Thus, we
deny the petition as to petitioners’ asylum claim.
Substantial evidence supports the agency’s finding that, even under a
disfavored group analysis, petitioners failed to submit sufficient evidence of
individualized risk to show a clear probability of future persecution. See Wakkary
v. Holder,
558 F.3d 1049, 1066 (9th Cir. 2009) (a petitioner seeking withholding of
removal as a member of a disfavored group must “adduce a considerably larger
quantum of individualized-risk evidence” than one seeking asylum). The record
does not compel the conclusion that Christians in Indonesia face a pattern or
practice of persecution. See
id. at 1061. We decline to consider evidence that is
not contained in the administrative record. See Fisher v. INS,
79 F.3d 955, 963
(9th Cir. 1996) (en banc). Accordingly, petitioners’ withholding of removal claim
fails.
2 12-70288
Finally, the record does not compel the conclusion it is more likely than not
that petitioners will be tortured if they return to Indonesia. See
Wakkary, 558 F.3d
at 1068. Accordingly, petitioners’ CAT claim fails.
PETITION FOR REVIEW DENIED.
3 12-70288