Kurniawan

Kurniawan v. Gonzales

Good Law
127 F. App'x 944
United States Court of Appeals for the Ninth CircuitApril 11, 2005No. 03-71751California361 words

Opinion

Lead Opinion

MEMORANDUM ***

*945 Denny Fasih Kurniawan, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of the Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”).

We lack jurisdiction to review the BIA’s finding that petitioner was ineligible for asylum because his application was not filed within a year of his last arrival to the United States and there was no evidence of extraordinary circumstances. See 8 U.S.C. § 1158 (a)(3); Molina-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002).

We have jurisdiction pursuant to 8 U.S.C. § 1252 to review his claim for withholding of removal and protection under CAT. We review for substantial evidence the IJ’s findings, INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and deny the petition.

The IJ’s adverse credibility findings go to petitioner’s religion and his ethnicity, both of which provide the basis for his asylum application. Adverse credibility findings that go to the key elements of an asylum application are a proper basis for a denial of the…

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