Begum

MEMORANDUM **

Sham Shadq Begum, a native and citizen of Fiji, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming an immigration judge’s denial of her application for asylum, withholding of removal and relief under the Convention Against Torture (the “CAT”).

We lack jurisdiction to review the BIA’s determination that petitioner failed to file her asylum application within one year of her arrival to 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 BIA’s alternative holding that petitioner failed to qualify for asylum and denial of withholding of removal and relief under the CAT. We review for substantial evidence, Gormley v. Ashcroft, 364 F.3d 1172, 1176 (9th Cir.2004). We dismiss the petition in part, and deny it in part.

Substantial evidence supports the BIA’s determination that, even assuming Begum’s application was timely, her testimony regarding one incident of robbery and repeated harassment by native Fijians did not rise to the level of past persecution necessary to qualify for asylum. See Nagoulko v. INS, 333 F.3d 1012, 1016 (9th Cir.2003)…