Tompodung

MEMORANDUM

Ecky Marto Tompodung and Ivonne Marlyn Tompodung, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“U”) decision denying their application for asylum, withholding of removal, and relief 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 deny in part and dismiss in part the petition for review.

We lack jurisdiction to consider petitioners’ argument that changed circumstances excused the untimely asylum application, because they did not raise this to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (no jurisdiction over legal claims not presented in administrative proceedings below). Accordingly, because this is the only challenge to the agency’s time-bar finding, we deny the petition as to petitioners’ asylum claim.

With respect to withholding of removal, we lack jurisdiction to consider petitioners’ new claim that they suffered past persecution because they did not raise this…