Hassan

MEMORANDUM

Mohamed Abdullah Hassan, a native and citizen of Yemen, petitions for review of the decisions of the Board of Immigration Appeals dismissing his appeal of the denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture, as well as denying his motion to reopen.

Hassan’s asylum application was untimely. See 8 U.S.C. § 1158 (a)(2)(B) (requiring filing within one year after arrival). He contends that his father’s death constitutes a changed or extraordinary circumstance excusing his tardy filing. See 8 U.S.C. § 1158 (a)(2)(D). But Hassan asserted essentially the same case for asylum on an earlier application that preceded the death, and he admitted that he had decided to stay in the United States ten months prior to learning of the death. Substantial evidence supports the conclusion that the death was not a changed or extraordinary circumstance that would excuse his untimely filing. See Dhital v. Mukasey, 532 F.3d 1044, 1050 (9th Cir.2008). Furthermore, Hassan’s unexplained eleven month delay in filing the application after learning of his father’s death was not reasonable. See Husyev v. Mukasey, 528 F.3d 1172, 1181 (9th…