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Jemmy Fersn SEKEON; Steven Hennry Sekeon, Petitioners, v. Alberto R. GONZALES, Attorney General, Respondent

United States Court of Appeals for the Fourth Circuit2006-01-19No. No. 05-1688
161 F. App'x 338

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Opinion

majority opinion

PER CURIAM:

Jemmy Fersn Sekeon and Steven Hennry Sekeon, brothers, are natives and citizens of Indonesia. The Sekeons petition for review of a decision by the Board of Immigration Appeals (Board) affirming the immigration judge’s order denying their request for asylum, withholding of removal, and protection under the Convention Against Torture. They claim that the Board erred in affirming the immigration judge’s denial of their applications for withholding of removal. “To qualify for withholding of removal, a petitioner must show that he faces a clear probability of persecution because of his race, religion, nationality, membership in a particular social group, or political opinion.” Rusu v. INS, 296 F.3d 316, 324 n. 13 (4th Cir.2002) (citing INS v. Stevic, 467 U.S. 407, 430, 104 S.Ct. 2489, 81 L.Ed.2d 321 (1984)). Based on our review of the record, we find that substantial evidence supports the Board’s decision that the Sekeons have failed to meet this standard. Accordingly, we deny the petition for review. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

PETITION DENIED

The Sekeons do not challenge the Board’s denial of the asylum claim as untimely or the denial of protection under the Convention Against Torture.