Abrishhamchi

MEMORANDUM

Alireza Abrishamchi, a native and citizen of Iran, petitions for review of the Board of Immigration Appeals’s order dismissing his appeal from an Immigration Judge’s decision denying his application for adjustment of status, asylum, withholding of removal, and protection under the Convention Against Torture. He separately petitions for review of the BIA’s denial of his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252 . In No. 07-71351, we deny the petition in part and grant it in part. In No. 08-73780, we dismiss the petition as moot.

I. No. 07-71351

We deny the petition as to adjustment of status. Abrishamchi is ineligible for adjustment of status because he entered the country on a K-l visa and failed to marry his petitioning fiancée within ninety days of admission. See Kalal v. Gonzales, 402 F.3d 948, 951 (9th Cir.2005). The BIA did not err in affirming the IJ’s denial of Abrishamchi’s application for adjustment of status.

We also deny the petition as to asylum. In the absence of disputed facts, we have jurisdiction to review the denial of Abris-hamchi’s asylum application as time-barred. See Ramadan v. Gonzales, 479 F.3d 646, 650 (9th Cir.2007)(per…