Martin

MEMORANDUM **

Prince Obi Martin, a native and citizen of Nigeria, petitions pro se for review of the order of the Board of Immigration Appeals (“BIA”) affirming the Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence. See Desta v. Ashcroft, 365 F.3d 741, 745 (9th Cir.2004).

Martin raises two contentions for the first time in his pro se petition for review. He contends that he is eligible for asylum, withholding of removal, and CAT relief based on his fear of persecution and torture in Sudan. He also contends that he is eligible for Temporary Protected Status as a national of Sudan. 1 Because Martin’s claim below was based on harm that he suffered in Nigeria as a Nigerian national, he did not exhaust either of these new claims before the IJ or BIA. This court therefore lacks jurisdiction to consider them. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004). Furthermore, we do not consider the new evidence Martin seeks to introduce with his petition for review. See Chouchkov v. INS, 220 F.3d 1077, 1080…