Pavlovic

MEMORANDUM **

Petitioner Rade Pavlovic, his wife Vera, and their two children 1 petition for review of the Board of Immigration Appeals’ (“BIA”) decision reversing the Immigration Judge’s (“IJ”) allowance of their asylum application as timely filed and affirming the IJ’s denial of their applications for withholding of removal and protection under the Convention Against Torture. We dismiss in part, deny in part, and grant in part the petition. Because the parties are familiar with the facts, we will not recite them here.

The BIA denied Pavlovic’s application for asylum as untimely under 8 U.S.C. § 1158 (a)(2)(B) and found that he did not qualify for an exception under 8 U.S.C. § 1158 (a)(2)(D). We have no jurisdiction to review the BIA’s determination. 2 We therefore dismiss Pavlovic’s claim for review of his asylum application for lack of jurisdiction.

We grant Pavlovic’s claim for review of his withholding of removal application. 3 When the BIA conducts an independent review of the IJ’s findings, we review the BIA’s decision and not that of the IJ. 4 However, to the extent the BIA incorporates the IJ’s reasoning as its own, we treat the IJ’s reasons as those of the BIA. 5 In…