Yusuf

MEMORANDUM **

Emil Yusuf, his wife Lily, and three of their children, Nadya, Aldy and Cynthia, petition for review of the denial of their applications for withholding of removal and relief under the Convention Against Torture (“CAT”).

The Yusufs entered the United States in October and December 1997. Dahlia Yusuf later married and returned to Indonesia, but the rest of the family remained in the United States and overstayed their visas. Yusuf applied for asylum in September 2000, beyond the one-year filing deadline. The Immigration Judge (“IJ”) ruled that Emil Yusuf had not satisfied any exception to the asylum application deadline. 1 As a result, each family member filed an individual application for withholding of removal and CAT relief. The IJ denied all of the Yusufs’ applications, and the Board of Immigration Appeals (“BIA”) summarily affirmed. The Yusufs filed a timely petition for review.

We have jurisdiction pursuant to 8 U.S.C. § 1252 . Since the BIA affirmed the decision of the IJ without opinion, we review the I J’s decision as the final agency determination. See Garcia-Martinez v. Ashcroft, 371 F.3d 1066, 1074 (9th Cir. 2004). We review for substantial evidence.…