Romel Hoyri-Hyri v. Eric H. Holder Jr.

MEMORANDUM

Jaime Barajas Chocoteco, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . 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 Barajas demonstrated extraordinary circumstances to excuse his untimely asylum application. See 8 C.F.R. § 1208.4 (a)(5)(i); Dhital v. Mukasey, 532 F.3d 1044, 1049-50 (9th Cir.2008) (per curiam). Accordingly, we deny the petition as to his asylum claim.

Substantial evidence supports the agency’s denial of Barajas’ withholding of removal claim because the discrimination and harassment he experienced in Mexico did not rise to the level of persecution, see Nagoulko v. INS, 333 F.3d 1012, 1016-17 (9th Cir.2003), and the criminal rape by an older schoolmate was not on account of a protected ground, see Gormley v. Ashcroft, 364…