Djojosoetikno

Djojosoetikno v. Ashcroft

Good Law
118 F. App'x 218
United States Court of Appeals for the Ninth CircuitDecember 10, 2004No. 03-73629California389 words

Opinion

Lead Opinion

MEMORANDUM **

Lead petitioner Kumala Hartati Djojosoetikno, her husband and three children, natives and citizens of Indonesia, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) decision affirming an Immigration Judge’s (“IJ”) denial of their applications for asylum and withholding of removal.

We lack jurisdiction to review the determination that Djojosoetikno failed to file her asylum application within one year of entering the United States. See 8 U.S.C. § 1158 (a)(3); Hakeem v. INS, 273 F.3d 812, 815 (9th Cir.2001). We also lack jurisdiction to review the BIA’s determination that no “extraordinary circumstances” excused Djojosoetikno’s untimely asylum application. See Molina-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002).

Under 8 U.S.C. § 1252 , we have jurisdiction to review the BIA’s denial of withholding of removal, and we review for substantial evidence. Sangha v. INS, 103 F.3d 1482, 1487 (9th Cir.1997). We deny the petition.

Substantial evidence supports the denial of withholding of removal because Djojosoetikno failed to demonstrate that it is more likely than not that she would be subject to persecution if removed to Indonesia. See Hakeem,…

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