Minasyan

MEMORANDUM

Khachutur Minasyan (“Khachutur”) and Zhirayr Minasyan (“Zhirayr”), natives and citizens of Armenia, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . Reviewing for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478 , 481 n.1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), we dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency’s determination that Khachutur failed to establish extraordinary circumstances excusing his untimely filed asylum application because it is based on disputed facts. See Ramadan v. Gonzales, 479 F.3d 646, 650 (9th Cir.2007) (per curiam). We also lack jurisdiction to review petitioners’ challenges to the IJ’s pretermission of Zhirayr’s asylum application because they were not exhausted before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004).

Khachutur claims he was persecuted on account of his Pentecostal religion.…