Budihardjo

MEMORANDUM **

Arnold and Virake Budihardjo, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ (“BIA”) affirmance of the immigration judge’s (“IJ”) denial of their applications for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). Arnold Budihardjo filed a petition and his wife Virake filed for derivative status. The IJ held that Budihardjo’s asylum claim was time-barred, and he denied relief under the other two claims. We have no jurisdiction to review Budihardjo’s claim for asylum or whether there were changed country circumstances that might excuse the time bar. See 8 U.S.C. § 1158 (a)(3); Hakeem v. INS, 273 F.3d 812, 815 (9th Cir.2001); Molina-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002). On the other two claims we have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition.

We review for substantial evidence the factual findings underlying the BIA’s denial of withholding of removal and relief under CAT. See Andrasian v. INS, 180 F.3d 1033, 1040 (9th Cir.1999).

Budihardjo contends that he is eligible for withholding of removal on account of his religion, Pentecostal Christian.…