Henderawan
Henderawan v. Gonzales
Opinion
Lead Opinion
MEMORANDUM *
Hotama Henderawan, his wife Angela Halim and their children Albert Hotama *570 Halim and Aileen Felicia, 1 natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’s (BIA’s) dismissal of their appeal of an Immigration Judge’s (IJ’s) denial of their applications for asylum, withholding of removal and relief under the Convention Against Torture. Our jurisdiction is governed by 8 U.S.C. § 1252 . We dismiss in part and deny in part the petition for review.
The IJ denied Henderawan’s application for asylum because the IJ determined the application was untimely filed. We lack jurisdiction to review that determination and therefore dismiss this portion of the petition for review. 8 U.S.C. § 1158 (a)(3); Hakeem v. INS, 273 F.3d 812, 815 (9th Cir.2001).
We review for substantial evidence the IJ’s denial of Henderawan’s application for withholding of removal and relief under the Convention Against Torture. Hakeem, 273 F.3d at 816 ; Hasan v. Ashcroft, 380 F.3d 1114, 1123 (9th Cir.2004). Although Henderawan was a member of a disfavored group, Sael v. Ashcroft, 386 F.3d 922, 927 (9th Cir.2004), there was an insufficient showing of…