Kuwe Kheng Lie v. Ashcroft

MEMORANDUM **

Kuwe Kheng Lie, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of her application for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We dismiss in part and deny in part.

Lie’s asylum claim is unreviewable by this court because the BIA determined that her claim was untimely. See 8 U.S.C. § 1158 (a)(3); Hakeem v. INS, 273 F.3d 812, 815 (9th Cir.2001). Lie’s due process contentions are without merit and do not demonstrate that her hearing was fundamentally unfair or that she was prevented from presenting her case. See Torres-Aguilar v. INS, 246 F.3d 1267, 1271 (9th Cir.2001) (denying due process claim because petitioner attempted to “create the jurisdiction that Congress chose to remove simply by cloaking an abuse of discretion argument in constitutional garb”). Accordingly, we dismiss the petition for review of her asylum claim.

We have jurisdiction over Lie’s withholding of removal and CAT claims under 8 U.S.C. § 1252 (a) and review for substantial evidence. See Hakeem, 273 F.3d at 816 . Substantial evidence supports the BIA’s denial of withholding of removal…