Setyadi

Setyadi v. Gonzales

Good Law
121 F. App'x 743
United States Court of Appeals for the Ninth CircuitFebruary 10, 2005No. 03-72768; Agency No. A77-827-293California407 words

Opinion

Lead Opinion

MEMORANDUM ***

Liza Setyadi, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ decision affirming the Immigration Judge’s (“IJ”) decision, which dismissed her petition for asylum as untimely and denied her petition for withholding of removal and relief under the Convention Against Torture (“CAT”).

We lack jurisdiction to review the IJ’s determination that petitioner failed to *745 show that she filed for asylum within one year of entering the United States. See Hakeem v. INS, 273 F.3d 812, 815-16 (9th Cir.2001). We therefore dismiss petitioner’s asylum claim for lack of jurisdiction.

We have jurisdiction under 8 U.S.C. § 1252 over the petition insofar as it concerns petitioner’s claim of withholding of removal and relief under CAT. See Hakeem, 273 F.3d at 816 . We review for substantial evidence and we deny the petition. See id.

Substantial evidence supports the IJ’s decision to deny withholding of removal because petitioner failed to establish a clear probability that she will be persecuted if returned to Indonesia. See Al-Harbi v. INS, 242 F.3d 882, 888-89 (9th Cir. 2001). Any harassment that petitioner experienced fails to rise to…

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