Rafael Cacatzum-Sanchez v. Eric Holder, Jr.

MEMORANDUM

Rafael Cacatzum-Sanchez, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) 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, Ra-himzadeh v. Holder, 613 F.3d 916, 920 (9th Cir.2010), and we dismiss in part and deny in part the petition for review.

We lack jurisdiction to review Cacat-zum-Sanchez’s contention that changed circumstances excused the untimely filing of his asylum application because he failed to raise it to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004).

We also lack jurisdiction to review Ca-catzum-Sanchez’s procedural due process claims related to translation problems, exclusion of testimony and alleged IJ bias, and his ineffective assistance of counsel claim. See id.

Cacatzum-Sanchez testified he did not report his neighbors’ attack to the police. Cacatzum-Sanchez’s cousin, a local government official, testified at the hearing…