Johnson v. Ashcroft

MEMORANDUM **

Francis Elisa Johnson petitions for review of the Board of Immigration Appeals’ (“BIA”) decision adopting and affirming the immigration judge’s (“IJ”) decision. The IJ denied Johnson’s applications for asylum, withholding of removal under 8 U.S.C. § 1231 (b)(3), and withholding of removal under the Convention Against Torture (“CAT”). We lack jurisdiction to review the IJ’s determination that Johnson is ineligible for asylum because he failed to apply within one year of arriving in the United States. 8 U.S.C. § 1158 (a)(3); see also Hakeem v. INS, 273 F.3d 812, 815 (9th Cir.2001). Under 8 U.S.C. § 1252 , we have jurisdiction to review the IJ’s denial of withholding of removal under § 1231(b)(3) and under CAT.

*648 Johnson fears torture and persecution on account of his Christian religion and the fact that he appears ethnically Chinese. To obtain relief, he must show that the evidence would compel a reasonable factfinder to conclude that Johnson would more likely than not be persecuted or tortured if he were deported to Indonesia. See Hakeem, 273 F.3d at 816 . The I J’s denial of withholding of removal under § 1231(b)(3) is supported by substantial evidence. Although…