Hussein

MEMORANDUM **

Saiyad Wajid Hussein, a native and citizen of Fiji, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence, INS v. Elias-Zacarias, 502 *537 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we dismiss in part and deny in part the petition for review.

We lack jurisdiction to consider Hussein’s request for a humanitarian grant of asylum because he failed to exhaust it before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 676-77 (9th Cir. 2004).

Even if Hussein established changed circumstances to excuse his untimely filed asylum application, substantial evidence supports the IJ’s denial of asylum on the merits. See Prasad v. INS, 47 F.3d 336, 339-40 (9th Cir.1995). The three incidents that occurred to Hussein when he was in Fiji did not rise to the level of persecution, see id., and the attack on his wife after he left Fiji does not establish it is likely he will be persecuted on account…