Hiu

MEMORANDUM **

Nova Wakarry Hiu, native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s 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 . Reviewing for substantial evidence, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), we dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency’s determination that Hiu’s asylum application was untimely because that finding was based on disputed facts. See Ramadan v. Gonzales, 479 F.3d 646, 650 (9th Cir.2007) (per curiam). Additionally, we reject Hiu’s contention that the first asylum application she filed should be considered. See 8 C.F.R. § 103.2 (b)(15) (the priority or processing date of a withdrawn application may not be applied to a later application).

Hiu claims she was persecuted in Indonesia based on an incident that occurred in a shopping mall, her fear of harm during the May 1998 riots, and the conflicts that arose near the city of Manado, where she moved after the…