Gros

MEMORANDUM ***

Georges Vladimir Roger Gros, a native and citizen of France, petitions for review of the decision by an immigration judge and the Board of Immigration Appeals (BIA) that he is ineligible for asylum, withholding of removal under 8 U.S.C. § 1252 (b)(3), and relief under the Convention Against Torture (“Convention”).

We lack jurisdiction to review the BIA’s finding that there were no extraordinary circumstances excusing the untimely filing of Gros’ asylum application. See 8 U.S.C. § 1158 (a)(2)(B); 8 U.S.C. § 1158 (a)(2)(D); Hakeem v. INS, 273 F.3d 812, 815 (9th Cir.2001). We have jurisdiction over the withholding of removal claim and denial of relief under the Convention pursuant to 8 U.S.C. § 1252 .

Gros contends that he would be subject to persecution for his political opinion by the Front National, an allegedly radical right-wing political party in France. This court reviews for substantial evidence the BIA’s decision whether to withhold removal. Al -Harbi v. INS, 242 F.3d 882, 888-89 (9th Cir.2001) (quoting INS v. Stevie, 467 U.S. 407, 429-30 , 104 S.Ct. 2489 , 81 L.Ed.2d 321 (1984)). To qualify for withholding of removal, an alien must show that it is more…