Pradhan

MEMORANDUM ***

Dhruba Pradhan, a native and citizen of Nepal, petitions for review of the Board of Immigration Appeals’ (“BIA”) affirmance of the immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We hold that the BIA’s decision is supported by substantial evidence and deny the petition for review.

We review for substantial evidence the decision determining whether an alien has established eligibility for asylum or withholding of removal. Malkandi v. Holder, 576 F.3d 906, 912 (9th Cir.2009). We have jurisdiction to review the BIA’s denial of withholding of removal under 8 U.S.C. § 1252 (a)(1).

We reject the government’s contention that we lack jurisdiction to review the BIA’s denial of Pradhan’s asylum request under 8 U.S.C. § 1158 (a)(3). Under 8 U.S.C. § 1158 (a)(2)(B), an alien seeking asylum must file an application within one year of arrival in the United States, unless one of two statutory exceptions applies. See 8 U.S.C. § 1158 (a)(2)(D) (late applications may be considered “if the alien demonstrates to the satisfaction of the Attorney General either the existence of…