Lu

Lu v. Ashcroft

Good Law
120 F. App'x 166
United States Court of Appeals for the Ninth CircuitJanuary 18, 2005No. 04-70802, A79-194-170California378 words

Opinion

Lead Opinion

MEMORANDUM **

Fung Tjie Lu, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ decision, which affirmed the Immigration Judge’s (“IJ”) order denying her application for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the IJ’s determination that Lu’s asylum application is time-barred, and accordingly we dismiss the petition for review as to the asylum claim. See Hakeem v. INS, 273 F.3d 812, 815-16 (9th Cir.2001); 8 U.S.C. § 1158 (a)(3).

We have jurisdiction pursuant to 8 U.S.C. § 1252 over the remaining claims. We review for substantial evidence the IJ’s decision to deny withholding of removal, Hakeem, 273 F.3d at 816 (9th Cir.2001), and relief under CAT, Zheng v. Ashcroft, 332 F.3d 1186, 1193 (9th Cir.2003).

Substantial evidence does not compel a reasonable adjudicator to conclude that it is more likely than not that Lu would be persecuted if she returned to Indonesia. See Hakeem, 273 F.3d at 816-17 . Moreover, on the record before us, Lu did not establish that Indonesian Christians or Indonesian ethnic…

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