Tuchez-Ordonez

MEMORANDUM **

Noel Estuardo Tuchez-Ordonez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) decision denying his application for withholding of removal and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence, Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004), and we dismiss in part and deny in part the petition for review.

We lack jurisdiction to consider Tuchez-Ordonez’s contention that he established eligibility for asylum because he withdrew his application for asylum as untimely and, therefore, did not exhaust this issue before the agency. See 8 U.S.C. § 1252 (d)(1); see also Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004).

Substantial evidence supports the IJ’s adverse credibility determination because Tuchez-Ordonez’s asylum application omitted any reference to police participation in the 1997 incidents, and the police’s participation was more than a detail, it formed the basis of Tuchez-Ordonez’s claim of persecution on account of a protected ground. See Li, 378 F.3d…