Abdille

MEMORANDUM *

Petitioner Ahmed Haybe Abdille, a native and citizen of Somalia, petitions for review of an order of the Board of Immigration Appeals (BIA) affirming without opinion an Immigration Judge’s (IJ) removal order and denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture. We dismiss Abdille’s petition as to his asylum claim and remand as to his remaining claims.

Abdille cannot be granted asylum “unless [he] demonstrates by clear and convincing evidence that [his] application has been filed within 1 year after the date of [his] arrival in the United States.” 8 U.S.C. § 1158 (a)(2)(B). In addition, we have previously held that pursuant to the jurisdiction-stripping provision of 8 U.S.C. § 1158 (a)(3), “we lack jurisdiction to review the IJ’s determination that [Abdille] failed to file his asylum application within one year.” Hakeem v. INS, 273 F.3d 812, 815 (9th Cir.2001).

In this case, the IJ found that Abdille “[o]bviously ... has not carried his burden of proof’ with regard to the one-year time bar for asylum applications. The IJ made this determination on the basis of factual findings with regard to Abdille’s…