Sawo

MEMORANDUM

Yankuba Sawo, a native and citizen of The Gambia, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to consider Sawo’s unexhausted contentions that changed circumstances excuse his untimely asylum application, and that there is a pattern and practice of persecution of members of his particular social group. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004).

Even if Sawo is credible, substantial evidence supports the agency’s determination that Sawo’s detention and mistreatment by police did not rise to the level of persecution. See Prasad v. INS, 47 F.3d 336, 339-40 (9th Cir.1995) (minor physical abuse during a single, brief detention did not compel finding of past persecution). Substantial evidence also supports the…