Robby Tetelepta v. Eric H. Holder Jr.

MEMORANDUM

Robby Tetelepta (“Tetelepta”) is an Indonesian Christian who fears religious persecution. He seeks asylum, withholding of removal and protection under the United Nations Convention Against Torture (“CAT”). The Board of Immigration Appeals (“BIA”) found that Tetelepta’s asylum application was untimely and that his testimony, while credible, did not establish eligibility for withholding or CAT relief. We have jurisdiction under 8 U.S.C. § 1252 , and we deny Tetelepta’s petition for review.

The facts are known to the parties; we do not repeat them.

We review the BIA’s legal determinations de novo, and its factual determinations for substantial evidence. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009) (citing Hemandez-Gil v. Gonzales, 476 F.3d 803 , 804 n. 1 (9th Cir.2007)). Because the BIA did not adopt the decision of the immigration judge (“IJ”), we look to the IJ’s determinations only to the extent that the BIA agreed with them. Kalubi v. Ashcroft, 364 F.3d 1134 , 1137 n. 3 (9th Cir.2004).

I

Tetelepta’s asylum application was untimely. Our review regarding the timeliness of his application is limited to constitutional issues and questions of law. 8 U.S.C. §…