Rosa Morales-Garay v. Eric Holder, Jr.

Good Law
581 F. App'x 672
United States Court of Appeals for the Ninth CircuitJune 30, 201411-71732California250 words

Opinion

Opinion

MEMORANDUM

Esteban Hernandez-Gomez, a native and citizen of Mexico, 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 protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the factual findings, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), and we deny the petition for review.

The record does not compel the conclusion that Hernandez-Gomez’s untimely asylum application is excused by changed or extraordinary circumstances. See 8 C.F.R. §§ 1208.4 (a)(4), (5); see also Ramadan v. Gonzales, 479 F.3d 646, 657-58 (9th Cir.2007) (per curiam).

With respect to withholding of removal, substantial evidence supports the agency’s finding that Hernandez-Gomez failed to establish a nexus between any harm he fears and a protected ground. See Zetino v. Holder, 622 F.3d 1007, 1016 (9th Cir. 2010) ; see also Parussimova v. Mukasey, 555 F.3d 734, 740 (9th Cir.2009) (the REAL ID Act “requires that a protected ground represent ‘one central reason’ for an asylum applicant’s…

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