Susanti

Susanti v. Ashcroft

Good Law
110 F. App'x 772
United States Court of Appeals for the Ninth CircuitSeptember 20, 2004No. 03-70760California451 words

Opinion

Lead Opinion

MEMORANDUM **

Linda Susanti, a native and citizen of Indonesia, petitions for review of the decision of the Board of Immigration Appeals (“BIA”), affirming an immigration judge’s (“IJ”) denial of her application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence the determination of an applicant’s eligibility for withholding of removal. See Hakeem v. INS, 273 F.3d 812, 816 (9th Cir.2001). To the extent the BIA expressly adopts the IJ’s decision, we review the IJ’s decision. See Shah v. INS, 220 F.3d 1062, 1067 (9th Cir.2000). We dismiss in part and deny in part the petition for review.

*774 We lack jurisdiction to review the IJ’s determination that Susanti failed to file her asylum application within one year of entering the United States. See 8 U.S.C. § 1158 (a)(3); Hakeem, 273 F.3d at 815 .

We also lack jurisdiction over Susanti’s contention that the IJ violated her due process rights by making an adverse credibility determination, by refusing to continue her hearing, and by requiring corroborating documents, because she failed to exhaust these issues before the BIA. See Rashtabadi v. INS, 23 F.3d 1562,…

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