Mauricio Garcia-Ortiz v. Eric H. Holder Jr.

MEMORANDUM

Mauricio Antonio Garcia-Ortiz, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Husyev v. Mukasey, 528 F.3d 1172, 1177 (9th Cir.2008), and de novo claims of due process violations, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We deny the petition for review.

We reject Garcia-Ortiz’ contention that the denial of his asylum application as untimely violated his due process rights, because the applicable statutes and regulations provide aliens “adequate notice of procedures and standards that will be applied to their claims for relief.” Husyev, 528 F.3d at 1182 . Accordingly, Garcia-Ortiz’ asylum claim fails.

Substantial evidence supports the BIA’s determination that Garcia-Ortiz failed to establish that gang members harmed him on account of his membership in the particular social group of his family. See Molina-Estrada, v. INS, 293 F.3d 1089, 1095 (9th Cir.2002) (no compelling evidence the…