Tombuku
Tombuku v. Gonzales
Opinion
Lead Opinion
MEMORANDUM ***
Chenny Tombuku, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) denial of her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We dismiss in part and deny in part the petition for review.
We lack jurisdiction to review the IJ’s determination that Tombuku failed to file her asylum application within one year of her arrival in the United States as required by 8 U.S.C. § 1158 (a)(2)(B). See Hakeem v. INS, 273 F.3d 812, 815 (9th Cir.2001).
We review the denial of withholding of removal for substantial evidence. *771 Id. at 816 . The record shows that in 1998 Tombuku, an ethnic Chinese Christian, was robbed at knifepoint and was present when a store was looted and a church was burned. Substantial evidence supports the denial of Tombuku’s application for withholding of removal, because the record does not compel the conclusion that it is more probable than not that she would suffer future persecution in Indonesia. See Hoxha v. Ashcroft,…