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Dewi v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 12, 2012
483 F. App'x 384 (9th Cir. 2012)

Opinion

No. 10-71295 Agency No. A099-432-630 Agency No. A099-432-631

10-12-2012

SYORA DEWI; RAHKMAT ARITIN, Petitioners, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.


NOT FOR PUBLICATION


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


On Petition for Review of an Order of the

Board of Immigration Appeals

Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.

Syora Dewi and Rahkmat Aritin, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals' ("BIA") order dismissing their appeal from an immigration judge's decision denying their application for asylum. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence the agency's factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir. 2009). We deny in part and dismiss in part the petition for review.

Petitioners do not challenge the BIA's finding that the harm they faced at the hands of Dewi's family did not rise to the level of persecution. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not specifically raised and supported by argument are deemed abandoned). With respect to their future fear, substantial evidence supports the BIA's finding that petitioners failed to provide sufficient evidence to establish a well-founded fear of persecution, see Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir. 2003) (possibility of future persecution too speculative), and they failed to demonstrate that internal relocation would not be a reasonable option, see Gonzalez-Medina v. Holder, 641 F.3d 333, 338 (9th Cir. 2011). We lack jurisdiction to consider petitioners' new claims regarding a disfavored group analysis and a pattern or practice of persecution. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004) (the court lacks jurisdiction to review contentions not raised before the BIA). Petitioners did not raise these contentions to the BIA; they argued only that they feared harm from powerful family members. Thus, petitioners' asylum claim fails.

Petitioners' request for oral argument is denied.

PETITION FOR REVIEW DENIED in part; DISMISSED in part.


Summaries of

Dewi v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 12, 2012
483 F. App'x 384 (9th Cir. 2012)
Case details for

Dewi v. Holder

Case Details

Full title:SYORA DEWI; RAHKMAT ARITIN, Petitioners, v. ERIC H. HOLDER, Jr., Attorney…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Oct 12, 2012

Citations

483 F. App'x 384 (9th Cir. 2012)