Samsonov

MEMORANDUM *

Petitioner Oleg Valentinovich Samsonov appeals the Board of Immigration Appeals’ (“BIA”) decision to affirm the Immigration Judge’s (“IJ”) order, which denied his petition for asylum as untimely and denied his petition for withholding of removal on the merits. We grant the petition for review in part.

I

We lack jurisdiction to review the BIA’s determination that Samsonov did not file his asylum application within one year of his entry into the United States. See Immigration and Nationality Act (“INA”) § 208(a)(2)(B), 8 U.S.C. § 1158 (a)(2)(B). Section 1158(a)(3) provides that “[n]o court shall have jurisdiction to review any determination of the Attorney General under [section 1158(a)(2)].” 8 U.S.C. § 1158 (a)(3). Here, it is clear that the BIA denied Samsonov’s application for asylum as untimely under section 1158(a)(2)(B), and found that he did not qualify for an exception under section 1158(a)(2)(D). 1 We have no juris *662 diction to review the BIA’s determination. Hakeem v. INS, 273 F.3d 812, 815-16 (9th Cir.2001).

II

A

Samsonov’s petition for review is governed by the permanent provisions of the Illegal Immigration Reform and Immigrant Responsibility Act…