Hernandez-Perez
Hernandez-Perez v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM **
David Hernandez-Perez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from an immigration judge’s denial of his application for asylum, withholding of removal and protection under the Convention Against Torture (“CAT”). We have partial jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence the BIA’s decision to deny withholding of removal, see Hakeem v. INS, 273 F.3d 812, 816 (9th Cir.2001), and relief under CAT, see Zheng v. Ashcroft, 332 F.3d 1186, 1193 (9th Cir.2003). We dismiss in part and deny in part the petition for review.
We lack jurisdiction to review the BIA’s conclusions that Hernandez-Perez’s application did not comply with the one-year filing deadline of 8 U.S.C. § 1158 (a)(2)(B), see Hakeem v. INS, 273 F.3d 812, 815 (9th Cir.2001), and did not demonstrate extraordinary or changed circumstances pursuant to section 1158(a)(2)(D), see Molina-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002). Accordingly, we lack jurisdiction to review Hernandez-Perez’s contentions regarding the merits of his asylum claim.