Sumardullah

MEMORANDUM **

Maria Sumarsih Sumardullah, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ summary affirmance without opinion of the Immigration Judge’s denial of Sumardullah’s applications for withholding of removal, and relief under the Convention Against Torture. The IJ pretermitted Sumardullah’s asylum application because it was not timely filed. We deny the petition for review.

Sumardullah contends that she is eligible for withholding of removal because she suffered past persecution on account of her Christian religion and on account of her membership in a particular group as a Christian woman, and that there is a clear probability that she will be persecuted if she returns to Indonesia in the future.

Where, as here, the BIA affirms without an opinion, we review the IJ’s decision directly. Falcon Carriche v. Ashcroft, 350 F.3d 845, 850-51 (9th Cir.2003). An alien is not entitled to mandatory withholding of deportation unless there is “a ‘clear probability’—i.e., unless’ it is more likely than not’—that [s]he will be subject to prosecution.” Lim v. INS, 224 F.3d 929, 938 (9th Cir.2000). We conclude that substantial evidence…