Singh

MEMORANDUM *

Gurmeet Singh and wife, Rajinder Kaur, (collectively “Petitioners”) petition for review of the Board of Immigration Appeals’s (“BIA”) decision to uphold the Immigration Judge’s (“IJ”) denial of their applications for asylum, withholding of removal, and relief under the Convention *763 Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . The parties know the facts, and we need not recite them here. We grant the petition in part and deny in part.

Because the IJ denied the CAT claim and Petitioners did not contest the denial before the BIA, this court lacks jurisdiction to review that claim. See 8 U.S.C. § 1252 (d)(1); Zara v. Ashcroft, 383 F.3d 927, 930 (9th Cir.2004). Furthermore, this panel lacks jurisdiction to review Petitioners’ asylum claim given that, even if they prevailed on their eligibility arguments, they failed to exhaust the discretionary denial, preventing the panel from reaching the necessary second step of whether they were entitled to asylum relief. See 8 U.S.C. § 1252 (d)(1); Zara v. Ashcroft, 383 F.3d 927, 930 (9th Cir.2004); Ladha v. INS, 215 F.3d 889, 903 (9th Cir.2000).

Nonetheless, we grant and remand on the withholding…