Yusuf

Yusuf v. Ashcroft

Good Law
118 F. App'x 219
United States Court of Appeals for the Ninth CircuitDecember 10, 2004No. 03-73644California493 words

Opinion

Lead Opinion

MEMORANDUM **

Riño Mulia Yusuf and Neneng Yulia, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s (“IJ”) order denying their applications for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We lack jurisdiction to review the IJ’s *221 determination that petitioners are ineligible for asylum because they failed to file their asylum applications 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).

Under 8 U.S.C. § 1252 , we have jurisdiction to review the IJ’s denial of withholding of removal and relief under the CAT, and we review for substantial evidence. See id. at 816 . We deny the petition.

Substantial evidence supports the IJ’s denial of withholding of removal because petitioners failed to demonstrate that it is more likely than not that they would be subject to persecution if removed to Indonesia. See Hakeem, 273 F.3d at 816-17 . Although unfortunate, the events, including being demoted, receiving threats, and having rocks thrown at their house, do not compel a finding…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.