Olman Mejia Mejia v. Eric Holder, Jr.

MEMORANDUM

Liancheng Du, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, applying the standards created by the REAL ID Act. Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir.2010). We deny in part and dismiss in part the petition for review.

The record does not compel the conclusion that Du established extraordinary circumstances excusing his untimely asylum application. See 8 C.F.R. § 1208.4 (a)(5); Tamang v. Holder, 598 F.3d 1083, 1090 (9th Cir.2010) (setting forth requirements for ineffective assistance of counsel claim). We lack jurisdiction to consider Du’s contention that he established changed circumstances in China. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (no jurisdiction to review claims not exhausted before the BIA). Consequently, Du’s asylum claim fails.

Substantial evidence supports the agency’s adverse credibility…