Wong
Wong v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM **
Jenny Juwita Wong, a native of China and citizen of Indonesia, petitions for review of an order of the Board of Immigration Appeals (“BIA”). The BIA affirmed without opinion the immigration judge’s (“U’s”) order denying Wong’s applications for asylum, withholding of removal, and protection under the Convention Against Torture. 1 In streamlining cases, we review the IJ’s order as the final agency decision. Fajardo v. INS, 300 F.3d 1018 , 1019 n. 1 (9th Cir.2002).
Wong contends that she established a change in circumstances and extraordinary circumstances sufficient to excuse the late filing of her asylum application pursuant to 8 U.S.C. § 1158 (a)(2)(D). We lack jurisdiction to review the IJ’s determination that Wong failed to meet an exception to the time limit set forth in § 1158(a)(2)(B). See 8 U.S.C. § 1158 (a)(3); Hakeem v. INS, 273 F.3d 812, 815 (9th Cir.2001).
*686 Wong also contends that the BIA failed to follow its own regulations in streamlining her appeal and thereby violated her due process rights. Because we lack jurisdiction to review the merits of the IJ’s decision, we also lack jurisdiction to determine whether streamlining was appropriate in this…