Ajqui-Munoz

MEMORANDUM **

Edwin Ajqui-Munoz, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from the Immigration Judge’s order denying his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). To the extent we have jurisdiction, it is conferred by to 8 U.S.C. *825 § 1252 . We review for substantial evidence, Pedro-Mateo v. INS, 224 F.3d 1147, 1150 (9th Cir.2000), and we dismiss in part, deny in part, and grant in part the petition for review.

We are precluded from reviewing the denial of Ajqui-Munoz’s asylum application, and dismiss this portion of his petition for lack of jurisdiction. See Ramadan v. Gonzales, 427 F.3d 1218, 1222 (9th Cir. 2005) (holding that the Court lacks jurisdiction to review the agency’s determination that an asylum application was not filed within one year after the last entry into the U.S.).

With regard to the withholding of removal claim, the record does not compel the conclusion that Ajqui-Munoz showed a “clear probability” that he will be persecuted upon returning to Guatemala. See INS v. Stevic, 467 U.S. 407, 424, 430 , 104…