Bodnar

MEMORANDUM **

Sergiy Bodnar, a native and citizen of the Ukraine, petitions for review of the Board of Immigration Appeals’ decision dismissing his appeal from an immigration judge’s denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence and will uphold the agency’s decision unless the evidence compels a contrary conclusion. Molina-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002). We dismiss the petition in part and deny the petition in part.

We lack jurisdiction over Bodnar’s claim that changed circumstances excuse the untimely filing of his asylum application because the particular changed country conditions Bodnar raises in his opening brief were not presented in administrative proceedings below. See Barron v. Ashcroft, 358 F.3d 674, 677 (9th Cir.2004). Accordingly, we dismiss Bodnar’s asylum claim.

Substantial evidence supports the agency’s denial of Bodnar’s withholding of removal claim because the record does not compel the conclusion that he faces a clear probability of future persecution. See Recinos De Leon v. Gonzales, 400…