Sakka

MEMORANDUM **

Mohammad Najdat Sakka, a native and citizen of Syria, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an Immigration Judge’s decision denying his application for asylum, withholding of removal and protection under the Convention Against Torture (“CAT”). To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s denial of asylum and withholding of removal. See Lata v. INS, 204 F.3d 1241, 1244 (9th Cir.2000). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency’s determination that Sakka failed to file his asylum application within one year of his arrival to the United States. See Ramadan v. Gonzales, 479 F.3d 646, 648 (9th Cir.2007) (per curiam).

We also lack jurisdiction to review Sakka’s ineffective assistance of counsel claim because he failed to raise it before the BIA and thereby failed to exhaust his administrative remedies. See Ontiveros-Lopez v. INS, 213 F.3d 1121, 1124 (9th Cir.2000).

Substantial evidence supports the agency’s determination that Sakka failed to establish he was persecuted or…