Rojas-Cortez

MEMORANDUM ***

Benjamin Rojas-Cortez, a native and citizen of Colombia, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision, which summarily affirmed the Immigration Judge’s (“IJ”) order denying his application for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We dismiss in part, grant and remand in part, and deny in part the petition for review.

We lack jurisdiction to review the IJ’s determination that Rojas-Cortez did not file his application within one year of entering the United States, see 8 U.S.C. § 1158 (a)(3); Hakeem v. INS, 273 F.3d 812, 815-16 (9th Cir.2001), or that changed circumstances excused the late filing, see Molino-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002). Therefore, we dismiss the petition as to the asylum claim.

We have jurisdiction pursuant to 8 U.S.C. § 1252 over the withholding of removal and CAT claims. Where, as here, the BIA affirms without an opinion, we review the IJ’s decision directly. Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003). We review for substantial evidence the IJ’s decision to deny withholding of removal, Hakeem, 273 F.3d at 816 , and we grant and…