Laksono

Laksono v. Ashcroft

Good Law
116 F. App'x 133
United States Court of Appeals for the Ninth CircuitNovember 23, 2004No. 03-72306California483 words

Opinion

Lead Opinion

MEMORANDUM **

Setiawan Laksono, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming an immigration judge’s (“IJ”) denial of his applications for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”).

Under 8 U.S.C. § 1158 (a)(3) we lack jurisdiction to review the BIA’s conclusion that Laksono failed to file his asylum application within one year of his arrival in the United States. See Hakeem v. INS, 273 F.3d 812, 815 (9th Cir.2001). We also lack jurisdiction to review the BIA’s determination that “changed circumstances” in Indonesia did not toll the relevant time period. See id.; Molinctr-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir. 2002). Accordingly, we dismiss Laksono’s petition for review with respect to his asylum claim. See Hakeem, 273 F.3d at 815 .

The BIA incorporated the IJ’s reasons for denying withholding of removal and CAT relief. We therefore review for substantial evidence the IJ’s decision. Hakeem, 273 F.3d at 816 . We have jurisdiction under 8 U.S.C. § 1252 .

Laksono did not establish that there exists a “pattern or practice” of persecution in Indonesia, such…

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