Sjahid

MEMORANDUM **

Denny Sjahid, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) affirmance of the Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”).

The IJ denied Sjahid’s asylum application because he admitted he had not filed it within one year of entering the United States and did not show extraordinary circumstances justifying the delay. We lack jurisdiction to review that determination, and accordingly we dismiss the petition for review as to the asylum claim. See 8 U.S.C. § 1158 (a)(3); Hakeem v. INS, 273 F.3d 812, 815 (9th Cir.2001).

We have jurisdiction under 8 U.S.C. § 1252 (a) over the petition insofar as it concerns Sjahid’s claim for withholding of removal and relief under the CAT, and we review for substantial evidence the IJ’s determination (adopted by the BIA) that Sjahid did not demonstrate eligibility for relief. Njuguna v. Ashcroft, 374 F.3d 765, 769 (9th Cir.2004) (withholding of removal); Bellout v. Ashcroft, 363 F.3d 975, 979 (9th Cir.2004) (CAT). The IJ and BIA accepted Sjahid’s testimony as credible but held that…