Martinez

MEMORANDUM ***

Elvin Fred Martinez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the BIA’s determination that Martinez failed to file his application for asylum within one year of his arrival in the United States, see 8 U.S.C. §§ 1158 (a)(2)(B), (a)(3); Hakeem v. INS, 273 F.3d 812, 815 (9th Cir.2001), and that extraordinary circumstances excused the late filing, see Molina-Estrada v. INS 293 F.3d 1089, 1093 (9th Cir.2002).

We review for substantial evidence the BIA’s determination that Martinez failed to establish eligibility for withholding of removal. See Hakeem, 273 F.3d at 816 . Martinez admitted that he is aware the guerilla groups he feared when he left El Salvador in the 1980’s are no longer a threat to society and now he fears only *886 criminal gang activity. Because general unrest…