Wahyuni

Wahyuni v. Ashcroft

Good Law
119 F. App'x 87
United States Court of Appeals for the Ninth CircuitDecember 15, 2004No. 03-73507; Agency Nos. A78-586-434, A78-586-435, A78-586-436, A78-586-437California456 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioners Retno Wahyuni, Achmad Nurdin, Audi Irawan and Livi Adelia, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ (“BIA”) decision, which affirmed the *88 Immigration Judge’s (“IJ”) order denying their applications for asylum, withholding of removal and for protection under the Convention Against Torture (“CAT”).

We lack jurisdiction to review the IJ’s determination that Wahyuni’s asylum application is time-barred, and accordingly we dismiss the petition for review as to the asylum claims. See Hakeem v. INS, 273 F.3d 812, 815 (9th Cir.2001); 8 U.S.C. § 1158 (a)(3).

We have jurisdiction under 8 U.S.C. § 1252 (a) over the petition insofar as it concerns petitioners’ claims for withholding of removal and relief under CAT. Id. at 816 . “Where, as here, the BIA adopts the IJ’s decision while adding its own reasons, we review both decisions.” Kataria v. INS, 232 F.3d 1107, 1112 (9th Cir.2000). We review for substantial evidence, see Hakeem, 273 F.3d at 816 , and we deny the petition.

Substantial evidence supports the IJ and BIA’s finding that Wahyuni did not establish that she and her family were more likely than not to…

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