Brar

MEMORANDUM **

Rupinder Brar, a native and citizen of India, petitions for review of the Board of *712 Immigration Appeals’ (“BIA”) decision dismissing his appeal from an Immigration Judge’s (“IJ”) denial of his applications for asylum and withholding of removal, and request for relief under the Convention Against Torture (“CAT”).

We lack jurisdiction to address Brar’s contention that his asylum application was timely, because he did not exhaust the issue before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 677 (9th Cir.2004). We have jurisdiction to review the BIA’s determination that Brar did not qualify for an exception to the deadline for filing his asylum application under 8 U.S.C. § 1252 , because Brar’s contention that extraordinary circumstances excuse his late filing raises mixed questions of law and fact. See 8 U.S.C. § 1252 (a)(2)(D); Ramadan v. Gonzales, 479 F.3d 646, 650 (9th Cir.2007). We also have jurisdiction over Brar’s withholding of removal and CAT claims under 8 U.S.C. § 1252 , and review for substantial evidence. Lata v. INS, 204 F.3d 1241, 1245 (9th Cir.2000).

We conclude that Brar’s asylum claim is time-barred. There were no extraordinary circumstances to…