Abidi

MEMORANDUM **

Jamel Abidi, a native and citizen of Tunisia, petitions for review of the Board of Immigration Appeals’ denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). 1 We deny the petition in part and dismiss in part.

(1) Abidi claims that the Immigration Judge 2 erred when he determined that Abidi had not filed a timely application for asylum. See 8 U.S.C. § 1158 (a)(2)(B). We disagree. The record demonstrates that Abidi’s filing was not within the required one-year period and that the lateness was not excused by changed or extraordinary circumstances. See id. § 1158(a)(2)(D); Ramadan v. Gonzales, 479 F.3d 646, 656-58 (9th Cir.2007) (per curiam).

(2) Abidi also attacks the Immigration Judge’s determination that he was not eligible for withholding of removal. See 8 U.S.C. § 1231 (b)(3)(A). Again, we disagree. On this record, the IJ could properly determine 3 that Abidi did not show that any harm he suffered was because of his membership in a protected group. 4 The IJ could also properly determine that Abidi did not show that he actually suffered persecution at the hands of the Tunisian government or at the…