Salgado

MEMORANDUM ***

Leonel Olivares Salgado and his family, 1 natives and citizens of Mexico, petition for review of the decision of the Bureau of Immigration Appeals (BIA) denying their application for asylum, 8 U.S.C. § 1158 (a), withholding of removal, 8 U.S.C. § 1231 (b)(3), and relief under the Convention Against Torture (CAT), 23 I.L.M. 1027, 1028 (1984) (as implemented by 8 C.F.R. § 208.16 ). ‘Where ... the BIA has reviewed the [Immigration Judge’s (IJ’s) ] decision and incorporated portions of it as its own, we treat the incorporated parts of the IJ’s decision as the BIA’s.” Molina-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002). We deny the petition.

Petitioners entered the United States before April 1, 1997. Thus, the one-year period of 8 U.S.C. § 1158 (a)(2)(B) within which to file for asylum runs from April 1, 1997. Hakeem v. INS, 273 F.3d 812, 815 (9th Cir.2001). Petitioners’ application was not filed until January 2002. Accordingly, we lack jurisdiction to review the denial of asylum eligibility. See id.

For withholding (or “restriction”) of removal under 8 U.S.C. § 1231 (b)(3)(A), we apply a more stringent standard than for asylum. See, e.g., Alvarez-Santos v. INS,…