Widjaja

Widjaja v. Ashcroft

Good Law
114 F. App'x 910
United States Court of Appeals for the Ninth CircuitDecember 10, 2004No. 03-73495; Agency No. A79-519-763California394 words

Opinion

Lead Opinion

MEMORANDUM **

Christine Oliviani Widjaja, ethnic Chinese, native and citizen of Indonesia, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) decision to affirm the Immigration Judge’s (“IJ”) order, which dismissed her petition for asy *911 him as untimely, and denied her petition for withholding of removal and relief under the Convention Against Torture (“CAT”) on the merits.

We lack jurisdiction to review the IJ’s determination that Widjaja is ineligible for asylum because she failed to apply within one year of arriving in the United States. See 8 U.S.C. § 1158 (a)(3); Hakeem v. INS, 273 F.3d 812, 815 (9th Cir.2001). We therefore dismiss for lack of jurisdiction Widjaja’s petition for review with respect to her eligibility for asylum. We have jurisdiction under 8 U.S.C. § 1252 (a) over the petition insofar as it concerns petitioner’s claims of withholding of removal and relief under CAT. See Hakeem, 273 F.3d at 816 . We review for substantial evidence and deny the petition. See id.

Substantial evidence supports the BIA’s conclusion that Widjaja did not show that it is more likely than not that she will be persecuted on account of her ethnicity, gender,…

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