Suhady

MEMORANDUM ***

Adrian Suhady, a native and citizen of Indonesia, petitions for review of the BIA’s summary affirmance without opinion of an Immigration Judge’s (“IJ”) order denying his applications for asylum and withholding of removal. We dismiss the petition for review in part, and deny it in part.

We have jurisdiction to review the final order of removal in Suhady’s case under 8 U.S.C. § 1252 (a)(1); however, we lack jurisdiction over Suhady’s asylum claim. 8 U.S.C. § 1158 (a)(3) deprives us of jurisdiction to review both an IJ’s decision to pretermit an asylum petition on account of its not being filed within the one-year limitations period, as well as an IJ’s discretionary determination that the time period was not tolled due to “changed circumstances.” See 8 U.S.C. § 1158 (a)(2)(B), (D); Hakeem v. INS, 273 F.3d 812, 815 (9th Cir.2001). Accordingly, we dismiss Suhady’s petition for review of the decision pretermitting his application for asylum.

Where the BIA affirms the decision of the IJ without opinion, under 8 C.F.R. § 3.1 (e)(4) (now 8 C.F.R. § 1003.1 (e)(7)), we review the IJ’s decision. Falcon Carriche v. Ashcroft, 350 F.3d 845, 855 (9th Cir.2003). We review denials…