Rus

MEMORANDUM **

Dionisie Eugen Rus, a native and citizen of Romania, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s (“IJ”) order denying Rus’ applications for asylum, withholding of removal and protection under the Convention Against Torture (“CAT”). To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We review questions of law de novo. See Zheng v. Ashcroft, 332 F.3d 1186, 1193-94 (9th Cir.2003). We dismiss the petition for review in part, grant it in part, and deny it in part.

We lack jurisdiction to review the agency’s determination that Rus did not show exceptional circumstances to excuse his failure to file an application for asylum within one year of entering the United States. See 8 U.S.C. § 1158 (a)(3); Ramadan v. Gonzales, 427 F.3d 1218, 1221-22 (9th Cir.2005) (even after REAL ID Act, court lacks jurisdiction to review predominantly factual determinations such as whether changed circumstances excuse late filing of asylum application). Since we lack jurisdiction to review the merits of the BIA’s determination, we do not review the adequacy of the BIA’s explanation why Rus failed to show…