## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 04-4026

___________ Fadhel Chaloup Hassan, * * Petitioner, * * Petition for Review from the v. * Board of Immigration Appeals. * * [UNPUBLISHED] Alberto Gonzales, Attorney General * of the United States of America, * * Respondent. *

___________ Submitted: February 16, 2007 Filed: February 26, 2007

___________ Before RILEY, MELLOY, and SHEPHERD, Circuit Judges.

___________ PER CURIAM. Fadhel Chaloup Hassan (Hassan), a native of Iraq, petitions for review of an order of the Board of Immigration Appeal s (BIA), which dismissed Hassan’s appeal of an Immigration Judge’s (IJ’s) denial of asylum, withholding of removal, and relief under the Convention Against Torture (CAT).

The IJ determined that Ha ssan failed to file a timely asylum application and did not present an extraordinary circumstance that would allow for late filing of the application. Despite this determination, the IJ discussed the merits of Hassan’s-2- application, finding that he had not suffered past persecu tion and did not have a wellfounded fear of future persecution.
The REAL ID Act of 2005, codified in relevant part at 8 U.S.C. § 1252(a)(2)(B) and (D), permits judicial review under 8 U.S.C. § 1158(a)(2) where there is a claim of a constitutional violation or question of law. Absent such a claim, however, we lack jurisdiction to review the determinati on that an asylum application was barred as untimely filed. See8 U.S.C. § 1158(a)(3) (“[n]o c ourt shall have jurisdiction to review any determination of the Attorn ey General under [8 U.S.C. § 1158(a)(2)]”); Ibarra-Terrazas v. Gonzales , 461 F.3d 1046, 1048 (8th Cir. 2006) (finding jurisdiction to review questions of law); Ming Ming Wijono v. Gonzales , 439 F.3d 868, 871 (8th Cir. 2006) (recognizing that jurisdiction doe s exist to address constitutional claims); Tolego v. Gonzales , 452 F.3d 763, 766 (8th Cir. 2006) (“ this court lacks jurisdiction to review either the IJ’s determination thatthe asylum application was not timely filed or the Attorney General’s decision rejec ting the applicant’s complaint of changed circumstances”). Here, Hassan contends that the IJ erred in dete rmining that he had not established changed circumstances becau se Hassan mistakenly believed that he had a longer employment visa than had b een granted. Such is a discretionary decision, and we lack jurisdiction to review that decision.
With respect to Hassan’s request for withholding of removal and CAT relief, Hassan failed to present evidence of pa st persecution and no reasonable factfinder would be bound to find that Hassan had a we ll-founded fear of future persecution or that Hassan would be more likely than not in tentionally subjected to torture. Hassan argues on appeal that in 1994 he was threaten ed with death if he refused to join the Ba’ath Party, however the IJ found that th e only credible threat Hassan received was loss of his lecturing job at the Univers ity. A thorough review of Hassan’s testimony before the IJ supports this finding, and th ere is no substantial evidence in the record that would support a reasonable fear of future persecution or torture. SeeMing Ming Wijono , 439 F.3d at 872, 874 (8th Cir. 2006) (applicant seeking withholding of-3- removal had burden to show clear probability of persecution; to overcome substantialevidence review standard, applicant must s how that no reasonable factfinder could fail to find requisite probability of persecution; independent analysis of CAT claim is not required if it was based upon same factual basis as withholding-of-removal claim).
Hassan’s remaining claim, that the IJ failed to consider whether it was impractical or inadvisable to remove Hassa n due to the lack of a central functioning government, was not raised before the BIA and is unreviewable by this court. See8 U.S.C. § 1252(d) (“A court may review a fina l order of removal onl y if the alien has exhausted all administrative remedi es . . . .”); Frango v. Gonzales , 437 F.3d 726, 728 (8th Cir. 2006) (§ 1252(d)(1) requires th at alien not only pursue all stages of administrative review, but also raise all issues before the agency).
The petition for review is denied. See 8th Cir. R. 47B.

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