Pangalila

Pangalila v. Gonzales

Good Law
151 F. App'x 567
United States Court of Appeals for the Ninth CircuitOctober 21, 2005No. 03-74478California361 words

Opinion

Lead Opinion

MEMORANDUM ***

Donny Pangalila, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) af-firmance of an Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to consider the IJ’s and BIA’s determination that the petitioner is statutorily ineligible for asylum under the one-year bar. See 8 U.S.C. § 1158 (a)(3); Hakeem v. INS, 273 F.3d 812, 815 (9th Cir.2001).

We have jurisdiction under 8 U.S.C. § 1252 to review the withholding of removal and CAT claims. We review for substantial evidence the BIA’s denial of withholding of removal and CAT relief and must uphold the decision unless the evi *569 dence compels a contrary result. See Hakeem, 273 F.3d at 816 .

For withholding of removal, a petitioner must show that there is a “clear probability” that he will be persecuted based on an enumerated ground. See Lim v. INS, 224 F.3d 929, 937-38 (9th Cir.2000). Petitioner testified that he was robbed during a riot in 1998, that unknown individuals threw rocks at his house,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.