Makarkine

MEMORANDUM **

Vitali Victor Makarkine, a native and citizen of Russia, petitions for review of a final decision by the Board of Immigration Appeals (BIA), affirming an Immigration Judge’s (IJ) ruling that his asylum application was untimely and that he failed to establish his eligibility for either withholding of removal or relief under the Convention Against Torture (CAT). We deny the petition for review.

DISCUSSION

1. Asylum

Makarkine’s request for asylum was not timely filed. See Reyes-Reyes v. Ashcroft, 384 F.3d 782, 786 (9th Cir.2004) (noting one-year filing requirement). He nonetheless contends that because he had a pending application for adjustment and a work permit that gave him “legal status,” he was entitled to defer filing his asylum application pursuant to 8 C.F.R. § 208.4 (a)(5)(iv) (allowing an alien who has “maintained Temporary Protected Status, lawful immigrant or nonimmigrant status” a “reasonable period” to file for asylum after that status has ended). We have jurisdiction to review this matter. See Ramadan v. Gonzales, 479 F.3d 646, 650 (9th Cir.2007) (per curiam) (holding that timeliness of an asylum application may be reviewed as a matter of law when the…