Tardio

MEMORANDUM **

Lead petitioner Lelyana Tardío, a native and citizen of Indonesia, seeks review of the Board of Immigration Appeals’ (“BIA”) decision that affirmed the Immigration Judge’s (“IJ”) order denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). The applications of Tardio’s husband Agus Susanto, and her children Deany Susanto and Deary Susanto, are derivative of Tardio’s application. See 8 U.S.C. § 1158 (b)(3). We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition for review in part, grant in part, and remand.

The record does not compel the conclusion that Tardio’s untimely filing of her asylum application should be excused. See 8 C.F.R. § 208.4 (a); Ramadan v. Gonzales, 479 F.3d 646, 650 (9th Cir.2007) (per curiam). Accordingly, we deny the petition as to Tardio’s asylum claim.

Because the IJ denied withholding of removal without determining whether the harm Tardío experienced amounted to past persecution, we grant the petition as to the withholding of removal claim, and remand for further proceedings. See INS v. Ventura, 537 U.S. 12, 16-18 , 123 S.Ct. 353 , 154 L.Ed.2d 272 (2002) (per…