Mulyani

MEMORANDUM **

Lely Sri Mulyani, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’s (“BIA”) order dismissing her appeal from an immigration judges’s (“IJ”) decision denying her application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and we deny in part, grant in part, and dismiss in part the petition for review, and we remand.

The record does not compel the conclusion that Mulyani presented extraordinary circumstances to excuse her untimely filed asylum application. See 8 C.F.R. § 1208.4 (a)(5); see Ramadan v. Gonzales, 479 F.3d 646, 658 (9th Cir.2007) (per curiam). Therefore, Mulyani’s asylum claim fails.

In affirming the IJ’s denial of withholding of removal, the BIA stated that it *133 agreed with the IJ’s conclusion that Mulyani had not established past persecution. However, the IJ did not determine whether Mulyani had suffered past persecution, he only addressed whether she had established a clear probability of future persecution. We…