Makahaube

MEMORANDUM **

Aprilexius Lahibore Makahaube, a native and citizen of Indonesia, petitions for review of a Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from 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 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and dismiss in part and deny in part the petition for review.

We lack jurisdiction to review Makahaube’s contention that a change in law, or evidence in the 2004 and 2005 country reports for Indonesia, excused the untimely filing of his asylum application because he did not exhaust these claims before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004). The record does not compel the conclusion that Makahaube has otherwise demonstrated changed circumstances that excuse the untimely filing of his asylum application. See 8 C.F.R. § 208.4 (a)(4); see also Ramadan v. Gonzales, 479 F.3d 646, 657-58 (9th Cir.2007) (per curiam). Accordingly, we deny the petition as to…