Dersarkissian

MEMORANDUM

Sarkis Agop Dersarkissian, a native and citizen of Lebanon, petitions for review of a Board of Immigration Appeals’ (“BIA”) decision adopting and affirming the Immigration Judge’s (“IJ”) decision denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”).

The government raises a threshold contention that we lack jurisdiction to review the IJ’s denial of asylum because the application was untimely. 8 U.S.C. § 1158 (a)(3). Dersarkissian filed his asylum ápplication more than six years after he entered the United States. Even assuming we have jurisdiction to review the IJ’s denial of the asylum application, however, relief on that claim is barred by the IJ’s findings of permanent resettlement in Mali. 8 U.S.C. § 1158 (b)(2)(A)(vi). Petitioner lived in Mali for nine years and had a visa to travel from the Mali government. He also presented his passport to the Mali officials when he traveled outside of Mali. See Cheo v. INS, 162 F.3d 1227, 1229 (9th Cir.1998) (finding three years of peaceful residence in Malaysia sufficient to establish a rebuttable presumption that Malaysia allowed petitioners to stay…