Sergio Martinez-Cota v. Eric Holder, Jr.

MEMORANDUM

Petitioner Sergio Armando Martinez-Cota, a native and citizen of Mexico, petitions for review of a decision from the Board of Immigration Appeals (“BIA”) in which the BIA dismissed his appeal from the immigration judge’s (“IJ”) denial of relief in the form of asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”).

Where the BIA conducts its own review of the evidence and law rather than adopting the IJ’s decision, this court’s “review is limited to the BIA’s decision, except to the extent that the IJ’s opinion is expressly adopted.” Hosseini v. Gonzales, 471 F.3d 958, 957 (9th Cir.2006) (internal quotation marks omitted). We review legal questions de novo and factual findings for substantial evidence. Lopez-Cardona v. Holder, 662 F.3d 1110, 1111 (9th Cir.2011). A denial of asylum, withholding of removal, or protection under CAT is reviewed for substantial evidence. Sinha v. Holder, 564 F.3d 1015, 1020, 1025 (9th Cir.2009). We have jurisdiction under 8 U.S.C. § 1252 (a), and we deny the petition for review.

We uphold the agency’s determination that Martinez-Cota’s application for asylum is time-barred. He failed to file his…