Chowdhury

MEMORANDUM **

Tareq Chowdhury, a native and citizen of Bangladesh, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision to affirm the Immigration Judge’s (“IJ”) order, which dismissed his petition for asylum as untimely and denied his petition for withholding of removal and relief under the Convention Against Torture (“CAT”) on the merits.

We lack jurisdiction to review the IJ’s determination that Chowdhury 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). We therefore dismiss for lack of jurisdiction Chowdhury’s petition for review with respect to his eligibility for asylum. We have jurisdiction under 8 U.S.C. § 1252 (a) over the petition insofar as it concerns petitioner’s claims of withholding of removal and relief under CAT. See Hakeem, 273 F.3d at 816 . We review for substantial evidence and deny the petition. See id.

Chowdhury contends that he has established eligibility for withholding of removal. Substantial evidence supports the BIA’s finding that Chowdhury did not establish a “clear probability” that he would be subject…