Wongso

MEMORANDUM *

Hendratmo Wongso is an ethnic Chinese citizen of Indonesia. The Immigration Judge (“IJ”) denied Wongso’s applications for asylum, voluntary departure, withholding of removal and protection under the Convention Against Torture (“CAT”). The IJ found Wongso’s application for asylum untimely under 8 U.S.C. § 1158 (a)(2). Alternatively, the IJ found that even if Wongso’s asylum application were timely, he was not credible and therefore failed to provide sufficient evidence to establish past persecution or a well-founded fear of persecution. In addition, the IJ concluded that Wongso’s claims for withholding of removal and CAT protection failed due to insufficient evidence. Wongso petitions for review of the Board of Immigration Appeals’ (“BIA’s”) streamlined decision affirming the IJ’s decision. 1 Because of the BIA’s summary affirmance, we review the IJ’s decision as if it were the BIA’s decision. See Cedano-Viera v. Ashcroft, 324 F.3d 1062 , 1063 n. 1 (9th Cir.2003).

Because the IJ applied 8 U.S.C. § 1158 (a)(2)(D) to conclude that Wongso’s application for asylum was untimely, we do not have jurisdiction to review that determination. See 8 U.S.C. § 1158 (a)(3) (2004)…