Sihotang

MEMORANDUM **

Harohaon Sihotang, his wife and three children, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the immigration judge’s (“IJ”) denial of their application for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We dismiss in part and deny in part.

Pursuant to 8 U.S.C. § 1158 (a)(3), we dismiss Sihotang’s asylum claim as unreviewable by this court because the IJ determined that the application was untimely. See Hakeem v. INS, 273 F.3d 812, 815 (9th Cir.2001).

We have jurisdiction under 8 U.S.C. § 1252 and review for substantial evidence Sihotang’s eligibility for withholding of removal and CAT relief. See id. at 816 . Substantial evidence supports the BIA’s denial of withholding of removal because Sihotang’s experiences do not indicate that it is “more likely than not” that he will face persecution on account of an enumerated ground if returned to Indonesia. See id. at 816-17 .

Substantial evidence also supports the denial of Sihotang’s CAT claim because it is not “more likely than not” that Sihotang will be tortured upon returning to Indonesia. See id. at…