Ho

MEMORANDUM **

Henry Sugianto Ho, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Nagoulko v. INS, 338 F.3d 1012, 1015 (9th Cir.2003), and we deny the petition for review.

Ho’s asylum application was untimely filed, and the record does not compel the conclusion that Ho established an extraordinary circumstances exception based upon ineffective assistance of counsel. See 8 C.F.R. § 1208.4 (a)(5)(iii); Azanor v. Ashcroft, 364 F.3d 1013, 1023 (9th Cir.2004) (stating that to reach the merits of an ineffective assistance claim, petitioner must first establish the nature and scope of an agreement with an attorney); see also Lin v. Ashcroft, 377 F.3d 1014, 1027 (9th Cir.2004) (to demonstrate prejudice for an ineffective assistance of counsel claim, a petitioner must establish plausible grounds for relief). Accordingly, Ho’s asylum claim fails.

Substantial evidence supports…