Kewo

MEMORANDUM **

Fransiscus Xaverius Boyke Kewo and his son Brian B. Kewo, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ (“BIA”) decision affirming an Immigration Judge’s (“IJ”) decision denying their applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”).

We lack jurisdiction to review the discretionary decision that petitioners’ asylum applications were untimely. See Molinar-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002) (citing 8 U.S.C. § 1158 (a)(3)).

We have jurisdiction under 8 U.S.C. § 1252 , to review the BIA’s dismissal of petitioners’ remaining claims. Substantial evidence supports the BIA’s findings that petitioners failed to demonstrate that it is more likely than not that they would be subject to persecution if returned to Indonesia, as required to qualify for withholding of removal. See Al-Harbi v. INS, 242 F.3d 882, 888 (9th Cir. 2001). In addition, petitioners are not entitled to CAT relief because they failed to demonstrate that it is more likely than not that they would be tortured if returned to Indonesia. See Malhi v. INS, 336 F.3d 989, 993 (9th…