Mohammed

MEMORANDUM **

Hamza Mohammed, a native and citizen *972 of Eritrea, petitions for review of the Board of Immigration Appeals’ decision affirming without opinion an Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We lack jurisdiction to review the IJ’s determination that Mohammed is ineligible for asylum because he failed to apply within one year of arriving in the United States. See 8 U.S.C. § 1158 (a)(3); Hakeem v. INS, 273 F.3d 812, 815 (9th Cir.2001). Under 8 U.S.C. § 1252 , we have jurisdiction to review the IJ’s denial of withholding of removal and relief under the CAT. We dismiss the petition in part, and deny it in part.

Because Mohammed failed to challenge the IJ’s adverse credibility finding in his opening brief, he has waived that issue. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996). Moreover, assuming Mohammed did not waive the issue, the record does not compel a contrary conclusion. See INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992).

Pursuant to Desta v. Ashcroft, 365 F.3d 741 (9th Cir.2004), Mohammed’s motion for…