Yenan

MEMORANDUM **

Vadim Vitalevich Yenan, a native and citizen of Russia, petitions for review of a Board of Immigration Appeals’ (“BIA”) order denying his claim for cancellation of removal and 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”). We have jurisdiction under 8 U.S.C. § 1252 . We deny in part and grant in part the petition for review, and remand.

Substantial evidence supports the Id’s conclusion that, even if Yenan’s asylum application had been timely filed, he failed to establish eligibility for asylum and withholding of removal, because he did not provide evidence indicating that he was or would be targeted on account of a protected ground. See Ochoa v. Gonzales, 406 F.3d 1166, 1170-72 (9th Cir.2005). We decline to consider facts in Yenan’s opening brief that are not part of the administrative record. See Fisher v. INS, 79 F.3d 955, 963 (9th Cir.1996) (en banc). Accordingly, Yenan’s asylum and withholding of removal claims fail.

Substantial evidence supports the IJ’s denial of CAT relief because Yenan did not present evidence that it was…