Najarro

MEMORANDUM **

Tulio Antonio Najarro, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) affirmance of an Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal, and for relief under the Convention Against Torture (“CAT”).

This court lacks jurisdiction over petitioner’s CAT claim because he failed to exhaust it before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004). We therefore dismiss this claim.

We have jurisdiction under 8 U.S.C. § 1252 over petitioner’s remaining claims. We review for substantial evidence and may reverse only if the evidence compels a contrary conclusion. Rostomian v. INS, 210 F.3d 1088, 1089 (9th Cir.2000). We deny the petition with regard to the remaining claims.

Substantial evidence supports the IJ’s denial of asylum because petitioner failed to show that his detention rose to the level of past persecution. See Gu v. Gonzales, 454 F.3d 1014, 1019-21 (9th Cir.2006) (holding that three-day detention and beating did not compel finding of past persecution); see also Al-Saher v. INS, 268 F.3d 1143, 1146 (9th Cir.2001) (holding that five-to six-day detention…