Singh

MEMORANDUM **

Arival Singh, a native and citizen of India, petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an immigration judge’s (“IJ”) order denying his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We dismiss the petition for review in part, grant it in part, and remand for further proceedings.

We lack jurisdiction to review Singh’s newly raised CAT claim. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (exhaustion is mandatory and jurisdictional).

The BIA did not expressly adopt the IJ’s decision, but referred to and relied on his grounds in conducting its appellate review for clear error. See 8 C.F.R. § 1003 . 1(d)(3)®. We therefore review the BIA’s decision as illuminated by the IJ’s findings. See Kozulin v. INS, 218 F.3d 1112, 1115 (9th Cir.2000) (“Where the BIA does not independently review the record, or where the BIA relies upon the IJ’s opinion as a statement of reasons, we look to the IJ’s oral decision as a guide to what lay behind the BIA’s conclusion.”). Reviewing for substantial evidence, see Lata v. INS, 204 F.3d 1241, 1244 (9th…