Duque-Jaramillo

MEMORANDUM ***

Carlos Eduardo Duque-Jaramillo, a native and citizen of Colombia, petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”), and denying his motion to reconsider. To the extent we have jurisdiction, it is pursuant to 8 U.S.C. § 1252 (b). We review for substantial evidence the agency’s factual findings, Al-Harbi v. INS, 242 F.3d 882, 888 (9th Cir.2001), and review for abuse of discretion the denial of the motion to reconsider, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency’s finding that Duque’s asylum application was untimely. See Ramadan v. Gonzales, 479 F.3d 646, 650 (9th Cir.2007). Duque did not raise the due process claim before the BIA, so we lack jurisdiction to review it. See Barron v. Ashcroft, 358 F.3d 674, 676-78 (9th Cir.2004).

The BIA did not make an explicit adverse credibility determination, so we must take Duque’s factual contentions as…