Ahmed

MEMORANDUM ***

Nasir Nagi Ahmed, a native and citizen of Yemen, petitions, for review of the Board of Immigration Appeals’ (“BIA”) decision, which affirmed the Immigration Judge’s (“U”) order denying his application for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the IJ’s determination that Ahmed 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 did not excuse the late filing, see Molina-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 remaining claims. Where, as here, the BIA affirms without an opinion, we review the IJ’s decision directly. See Falcon Carache 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 relief under CAT, Zheng v. Ashcroft, 332 F.3d 1186, 1193 (9th Cir.2003),…