Topachikyan

MEMORANDUM **

Hakob Topachikyan, a native and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an 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 8 U.S.C. § 1252 . We review for substantial evidence, Movsisian v. Ashcroft, 395 F.3d 1095, 1097 (9th Cir.2005), and we dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the BIA’s order denying Topaehikyan’s asylum application as untimely. 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 United States).

With respect to the withholding of removal claim, Topachikyan testified that he left his post during time of war, com *801 plained about the lack of food and supplies, argued with a general officer, suffered beatings from military personnel, and deserted from the military. Topachikyan also testified that…