*
Pursuant to Fed. R. App. P. 43(c)(2), Michael B. Mukasey is substituted for Alberto R. Gonzales as respondent in this appeal.
**
After examining the briefs and appellate record, this panel has determined unanimously to grant the parties’ request for a decision on the briefs without oralargument.
See
Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is thereforeordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistentwith Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.
FILED
United States Court of AppealsTenth Circuit
December 28, 2007
Elisabeth A. ShumakerClerk of Court
UNITED STATES COURT OF APPEALSFOR THE TENTH CIRCUIT
ANGGIA SIBUEA; SUSYWIDJAJANTI,Petitioners,v.MICHAEL B. MUKASEY,
*
Attorney General,Respondent. No. 07-9508(Petition for Review)
ORDER AND JUDGMENT
**
Before
KELLY
,
PORFILIO
, and
ANDERSON
, Circuit Judges.Petitioners Anggia Sibuea and Susy Widjajanti, a husband and wife who arenatives and citizens of Indonesia, petition for review of a decision by anImmigration Judge (“IJ”), affirmed by the Board of Immigration Appeals
-2-
(“BIA”), denying their applications for asylum, restriction on removal under theImmigration and Nationality Act (“INA”), and relief under the United NationsConvention Against Torture (“CAT”). Petitioners are Christians of the SeventhDay Adventist denomination and Ms. Widjajanti also claims Chinese ethnicity. Petitioners claim they will be persecuted for their religious beliefs and for Ms. Widjajanti’s ethnicity if forced to return to Indonesia. The IJ denied their application for asylum as untimely. The IJ found in regard to petitioners’application for restriction on removal under the INA and relief under the CATthat petitioners failed to show past persecution, torture, or that it would be morelikely than not that they would be persecuted or tortured upon return to Indonesia. The IJ also found that petitioners would be able to relocate to a safe area of Indonesia if necessary upon their return. The IJ therefore denied restriction onremoval and relief under the CAT but granted voluntary departure. The BIAaffirmed, and the petition for review was filed. We lack jurisdiction over petitioners’ asylum claim and dismiss the petition as to that point. As to petitioners’ remaining points, we exercise jurisdiction under 8 U.S.C. § 1252 and deny the petition.
I. BACKGROUND
Petitioners arrived in the United States in June 1997 and then overstayed their nonimmigrant visas. Petitioners main claim is that they will persecuted if they are forced to return to Indonesia because some of Mr. Sibuea’s relatives on
1
According to hearing testimony, Mr. Sibuea’s mother is now a permanentresident in the United States.
2
Mr. Sibuea and Ms. Widjajanti testified that when they left Indonesia, theywere only going to the United States to visit relatives and that their intention wasto return to their home country after their visit. Somewhat incongruously, theyalso testified that prior to their departure Mr. Sibuea’s mother was not being ascareful about hiding her Christian religion because she knew she was gettingready to leave Indonesia.
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his mother’s side, who are Muslim, believe that he and his wife played a role inconverting his mother, who was born a Muslim, to Christianity.
1
Mr. Sibueatestified that his mother’s family is very militant regarding religion and is politically connected. It is clear from the record that Mr. Sibuea and his wifeactually played no role in his mother’s conversion in that the conversion occurred in 1960, six years prior to Mr. Sibuea’s birth, and he was raised in a Christianhousehold.Mr. Sibuea met Ms. Widjajanti, who was also raised a Christian, at a private college from which they both graduated with degrees in accounting. Theywere married in 1996 in Jakarta where they were living and working. Mr. Sibueaclaims that his mother managed to keep her conversion to Christianity a secretfrom her family until June of 1997, four days before Mr. Sibuea, Ms. Widjajanti,and Mr. Sibuea’s mother left for the United States.
2
Mr. Sibuea’s aunt told hismother that she had been seen entering church and that her family was going tokill the three of them. After the three left for the United States, their house wasvandalized.
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