Sarbjit Mehrok v. Eric Holder, Jr.

MEMORANDUM

Sarbjit Singh Mehrok, native and citizen of India, petitions for review of the decision of the Board of Immigration Appeals (BIA), affirming the Immigration Judge’s (IJ) denial of withholding of removal and protection under the Convention Against Torture (CAT). We have jurisdiction under 8 U.S.C. § 1252 . We dismiss in part and deny in part the petition for review.

1. We lack jurisdiction to review Meh-rok’s claim that his asylum application was not time-barred. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004). The IJ and BIA denied Mehrok’s initial applications for asylum, withholding of removal, and protection under CAT. In April 2005, Mehrok appealed the denial; we dismissed as unreviewable the petition as to his untimely asylum claim but remanded for further proceedings his withholding of removal and CAT claims. See Mehrok v. Gonzales, 125 Fed.Appx. 163 (9th Cir. 2005). On remand to the IJ, Mehrok did not re-raise the asylum issue. When appealing the IJ’s new decision as to withholding of removal and CAT, Mehrok re-raised the asylum issue to the BIA, but the BIA did not address it. Because Meh-rok failed to raise the claim to the IJ, the issue was not…