Johnson v. Ashcroft
Johnson v. Ashcroft
Opinion of the Court
MEMORANDUM
Francis Elisa Johnson petitions for review of the Board of Immigration Appeals’ (“BIA”) decision adopting and affirming the immigration judge’s (“IJ”) decision. The IJ denied Johnson’s applications for asylum, withholding of removal under 8 U.S.C. § 1231(b)(3), and withholding of removal under the Convention Against Torture (“CAT”). We lack jurisdiction to review the IJ’s determination that Johnson is ineligible for asylum because he failed to apply within one year of arriving in the United States. 8 U.S.C. § 1158(a)(3); see also Hakeem v. INS, 273 F.3d 812, 815 (9th Cir. 2001). Under 8 U.S.C. § 1252, we have jurisdiction to review the IJ’s denial of withholding of removal under § 1231(b)(3) and under CAT.
Substantial evidence also supported the Id’s determination that Johnson was unlikely to be tortured in Indonesia. Torture is “an act ... specifically intended to inflict severe physical or mental pain or suffering” that must be “inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.” 8 C.F.R. § 208.18(a). Residing near riots does not qualify as “severe physical or mental pain or suffering.” Moreover, Johnson never alleged that public officials would torture him or acquiesce in acts of torture by others. Johnson therefore is not entitled to relief under CAT. Accordingly, we deny Johnson’s petition for review.
PETITION DENIED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.