Rolando Mejia-Miranda v. Eric Holder, Jr.

Good Law
424 F. App'x 698
United States Court of Appeals for the Ninth CircuitMarch 28, 201110-70611California390 words

Opinion

Opinion

MEMORANDUM

Rolando Balmore Mejia-Miranda, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) 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 de novo questions of law, Cerezo v. Mukasey, 512 F.3d 1163, 1166 (9th Cir.2008), except to the extent that deference is owed to the BIA’s determination of the governing statutes and regulations. Simeonov v. Ashcroft, 371 F.3d 532, 535 (9th Cir.2004). We review for substantial evidence factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006): We deny the petition for review.

The record does not compel the conclusion that Mejia-Miranda established extraordinary circumstances excusing his untimely filed asylum application. See 8 C.F.R. § 1208.4 (a)(5). Accordingly, Mejia-Miranda’s asylum claim fails.

Substantial evidence supports the agency’s finding that Mejia-Miranda was targeted as a young man in a particular neighborhood and targeted due to his efforts to protect his sister from rape, but not targeted on account of a protected ground.…

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