Ismael Tounekti v. Eric H. Holder Jr.

MEMORANDUM

Ismael Brahim Tounekti, a native and citizen of Tunisia, 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”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, and we review de novo the agency’s legal determinations. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny the petition for review.

The record does not compel the conclusion that Tounekti’s untimely asylum application was filed within a reasonable period of time from when he last held lawful status. See 8 C.F.R. § 1208.4 (a)(5)(iv); Dhital v. Mukasey, 532 F.3d 1044, 1050 (9th Cir.2008) (application filed 22 months after expiration of lawful nonimmigrant status expired was not reasonable). Accordingly, his asylum claim fails.

Tounekti does not contend he suffered past persecution. Rather, he contends he faces a clear probability of future persecution because the government would impute to him the Islamist political opinions of his cousin and…