Salvador Castro-Fuentes v. Eric Holder, Jr.
Opinion
Opinion
MEMORANDUM
Salvador Castro-Fuentes petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision (“IJ”) denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”).
Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence factual findings, and review de novo questions of law. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We dismiss in part and deny the petition for review.
The record does not compel the conclusion that Castro-Fuentes established changed or extraordinary circumstances to excuse his untimely asylum application. See 8 C.F.R. § 1208.4 (a)(4), (5). Further, Castro-Fuentes’ contention that the IJ never afforded him an opportunity to present evidence of changed conditions to excuse his untimely asylum application is unexhausted. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (court lacks jurisdiction to review claims that could have been raised below). Accordingly, his asylum claim fails.
Castro-Fuentes’ claim for withholding of removal fails because the record does not compel the…