Gunawan

Gunawan v. Holder

Good Law
323 F. App'x 553
United States Court of Appeals for the Ninth CircuitApril 21, 2009No. 06-75683California343 words

Opinion

Lead Opinion

MEMORANDUM **

Mariana Katarina Gunawan, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’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 . *555 Reviewing for substantial evidence, Hoxha v. Ashcroft, 319 F.3d 1179 , 1181-82 n. 4 (9th Cir.2003), we dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the IJ’s determination that Gunawan failed to timely file her asylum application because the underlying facts are disputed. Cf. Ramadan v. Gonzales, 479 F.3d 646, 657-58 (9th Cir.2007) (per curiam).

Substantial evidence supports the IJ’s finding that the mistreatment Guna-wan encountered in Indonesia did not rise to the level of persecution. See Nagoulko v. INS, 333 F.3d 1012, 1016-17 (9th Cir.2003); Hoxha, 319 F.3d at 1182 . Substantial evidence also supports the IJ’s conclusion that, even if Gunawan is a member of a disfavored group of Chinese Christian Indonesians, she failed to establish it is more likely than…

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