Tamayo
Tamayo v. Ashcroft
Opinion
Lead Opinion
*178 MEMORANDUM **
Aniceta Juanita Foronda Tamayo and her two children are citizens of Indonesia and petition for review of a decision of the Board of Immigration Appeals (“BIA”) affirming the immigration judge’s (“IJ”) denial of her application for asylum and withholding of removal. We dismiss in part and deny in part.
Tamayo’s asylum claim is unreviewable by this court because the BIA determined that her claim was untimely. See 8 U.S.C. § 1158 (a)(3); Hakeem v. INS, 273 F.3d 812, 815 (9th Cir.2001). Accordingly, we dismiss the petition for review of her asylum claim.
We have jurisdiction over the remainder of Tamayo’s petition under 8 U.S.C. § 1252 (a) and review for substantial evidence. See Hakeem, 273 F.3d at 816 . Because the BIA affirmed and adopted the IJ’s decision, this court reviews the IJ’s reasons for denial as though they were stated by the BIA. See Al-Harbi v. INS, 242 F.3d 882, 887-88 (9th Cir.2001).
Substantial evidence supports the IJ’s reasons for denying Tamayo’s withholding of removal claim because Tamayo’s testimony and application do not demonstrate that there is a “clear probability” that she will face persecution on account of her ethnicity or religion…