Jоse Angamarca, a native and citizen of Ecuador, petitions for review of a decision of the Board of Immigration Appeals (BIA) affirming without opinion the Immigration Judge’s (IJ) decision denying An-gamarca’s pеtition for asylum, withholding of removal, and protection under the Convention Against Torture (CAT), and denying his application for cancellation of re *899 moval and adjustment of status pursuant to the Special Rule fоr a Battered Spouse or Child. Angamarca claims that the IJ erred in concluding that his fear of future persecution was not well-founded, failing to make specific findings regarding Anga-marca’s credibility, and not allowing him to testify to the hardship he would suffer by being separated from his girlfriend’s autistic son. We dismiss Angamarca’s asylum claim, because we lack jurisdiction to review the decision that the asylum application was untimely, and deny Angamarca’s remaining claims.
BACKGROUND
Angamarca entered the United States near San Diego in March of 1994 without being admitted or paroled after inspection by an immigration officer. He met and married a Unitеd States citizen in 1996; she filed a visa petition on his behalf the same year. In December of 1997, Anga-marca returned to Ecuador. On January 21, 1998, he was paroled back into the United States for a one-year period to pursue his application for adjustment of status. Angamarca’s visa petition was denied May 11, 1998 because the Immigration and Naturalization Service (INS) concluded that Angamarca was not in a bona fide marital relationship. The INS then commenced removal proceedings, charging Angamarca with being a removable alien. Angamarca conceded removability, and. in September 2002, pеtitioned for asylum, relief under the CAT, cancellation of removal under the special rule for a Battered Spouse or Child, and permission to depart voluntarily.
Angamarca’s asylum claim is based on his affiliation with the Populist Rodolist (PRE), the second largest political party in Ecuador. Angamarca testified that his family publicly supported the presidency of Abdala Bucaram-Ortiz by hosting meetings, participating in marсhes, and distributing campaign materials in their hometown. After Bucaram-Ortiz was removed from office, the family was targeted by local members of an opposition political party, the Social Christian Party. The windows in the family home were broken, Angamarca’s aunt and uncle were beaten, and his parents were verbally harassed. Angamarca testified that he was also a target, and that the local opрosition wanted him dead because of his support for the President.
Angamarca testified that during his one-month visit to Ecuador in December of 1997, he encountered a group of opposition supporters, who threw bottles at him. He fled the area and was unharmed. State Department Country Condition Reports referenced by the IJ indicate that Bucar-am-Ortiz was president of Ecuador from July 1996 to early 1997. The IJ noted that the PRE is a legal political party, that citizens of Ecuador elect their leáders in regular free and fair elections, and that the PRE is currently the second largest party in the Ecuadoran parliament. Angа-marca’s parents and three siblings continue to live and farm in the same village in Ecuador.
Angamarca testified that his wife began drinking heavily and abusing drugs in 1997. They had frequent arguments, and she became verbally abusive. On onе occasion, she threw a vase at him, and on another, hit him in the back with an alarm clock. Finally, Angamarca learned through friends that his wife had arrived at the house with a gun and said she was going to kill him. Angamarca wаs not at the house -at the time. Angamarca stated that he felt too humiliated to report any of these incidents to the police or medical workers. He did not submit any corroborating evidence fоr his claims in the form of official records, and supporting affida *900 vits from his friends make no mention of these incidents.
The IJ concluded that Angamarca’s application for asylum was not timely, that he had not suffered past persecution as a result of his political beliefs, and that he was not credible regarding his wife’s abuse. The IJ noted the lack of corroborating evidence for his claims and the INS’s prior conclusion that his marriage was a sham. The IJ therefоre denied each of Angamarca’s claims. Angamarca appealed to the BIA, which affirmed the decision without opinion. The IJ’s decision is the final agency determination for purposes of judicial review.
Aden v. Ashcroft,
ANALYSIS
I. Asylum
Angamarca contends that the IJ failed to make specific findings regarding Angamarca’s credibility and erred in concluding that his fear of future persecution was not well-founded. An applicatiоn for asylum may not be considered unless it is filed within one year of an alien’s arrival in the United States, or the alien demonstrates changed circumstances materially affecting eligibility for asylum, or that the delay in filing was related to extraordinary circumstances. 8 U.S.C. § 1158(a)(2)(B), (D). The IJ concluded that Angamarca’s asylum application was not timely, and this court does not have the power to review that determination. 8 U.S.C. § 1158(a)(3).
Although we lack the jurisdiction to review Angamarca’s claim for asylum, we have jurisdiction to review the denial of Angamarca’s requests for withholding of removal and protection under the CAT.
See Ngure v. Ashcroft,
After reviewing the record, we are persuaded thаt Angamarca has not demonstrated that it is more likely than not that his life or freedom would be threatened in Ecuador, or that he is likely to be subjected to torture. Angamarca did not personally suffer any detention or serious violence. He described a single incident in which supporters of a rival political party threw bottles at him. While Angamarca testified to one death threat directed against him, he offеred no testimony that he, his family, or other party members had actually been targets of assassination attempts or any further threats. Angamarca himself felt sufficiently comfortable in the area that he stayеd in the village for nearly a month in 1997. While his family was subject to some harassment, these incidents were also not serious enough to rise to the level of persecution. Rocks were thrown through a window in the family home, and his aunt and uncle were attacked. Despite these incidents, the family has not found it necessary to leave the area, and continues to farm the land they own in the village.
See Wondmneh v. Ashcroft,
II. Cancellation of Removal
Angamarca also claims that he is eligible for cancellation of removal as the battered spouse of a United States citizen. An alien is eligible for cancellation of removal as a battered spouse if the alien: (1) has been battered or subjected to extreme cruelty in the United States by a spouse or parent who is a United States citizen or lawful permanent resident; (2) has been continuously physically present in the Unitеd States for at least three years; (3) is a person of good moral character; (4) is not inadmissible due to the commission of specified crimes; and (5) the removal would result in extreme hardship to the alien, the alien’s child, or to the alien’s parent. 8 U.S.C. § 1229b(b)(2).
The IJ rejected Angamarca’s claim that he was battered or subjected to extreme cruelty, noting that Angamarca submitted no police or medical records, and no witness statements that would support or corroborate his claims. Because Angamarca entered into a sham marriage, the IJ eon-eluded that Angamarca would be willing to misrepresent his relationship in order to remain in the United States. These facts, which are supported by the record, constitute a reasonable basis for the IJ’s adverse credibility finding.
See Perinpanathan v. INS,
CONCLUSION
Angamаrca has not shown that he was subject to battery or extreme cruelty by his spouse, and is therefore not eligible for cancellation of removal. Angamarca has not shown that he suffered past pеrsecution that would justify granting his asylum claim or withholding of removal. We therefore affirm the denial of cancellation of removal, withholding of removal, and protection under the CAT.
Notes
. Angamarca argues that hе should be granted cancellation of removal on the basis of his close relationship with his girlfriend's autistic son. Under the current rules for cancellation of removal, this relationship cannot serve as a basis for granting relief to Angamarca. See 8 U.S.C. § 1229b(b)(l)(A) (permitting cancellation of removal only when an alien has been continuously physically present in the United States for a period of at least ten years); 1229b(b)(2)(a) (permitting cancellation of removal only when an alien has demonstrated that he or she has been battered or subject to extreme cruelty by a spouse or parent who is a United States citizen).