Guefroudj

MEMORANDUM **

Nourredine Guefroudj, a native and citizen of Algeria, petitions for review of the Board of Immigration Appeals’ (“BIA”) affirmance of an immigration judge’s (“IJ”) order denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Where the BIA summarily affirms an IJ’s decision without opinion, as here, we review the IJ’s decision. See, e.g., Notash v. Gonzales, 427 F.3d 693, 696 (9th Cir.2005). We have jurisdiction under 8 U.S.C. § 1252 , and we deny in part and dismiss in part Guefroudj’s petition for review.

We lack jurisdiction to review Guefroudj’s contention that the IJ erred in rejecting his equitable tolling argument and thus improperly denied his untimely application for asylum. Although required to file his application within one year of April 1, 1997, see 8 U.S.C. § 1158 (a)(2)(B); 8 C.F.R. § 1208.4 (a)(2)(ii), Guefroudj did not file until June 20, 2001. The IJ rejected Guefroudj’s argument that his limitations period should have been tolled under 8 U.S.C. § 1158 (a)(2)(D) and 8 C.F.R. § 1208.4 (a)(4) and (5) because of a material change in circumstances and/or because extraordinary circumstances…