Daniel Romero v. Eric H. Holder Jr.

MEMORANDUM

Daniel Saravia Romero and Angela Ortiz Hernandez, natives and citizens of El Salvador, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their applications for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, includ ing adverse credibility findings. Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir. 2010). We deny the petition for review.

Romero and Ortiz do not challenge the agency’s dispositive finding that their asylum applications were untimely, and that they failed to establish changed or extraordinary circumstances to excuse their untimeliness. Accordingly, we deny the petition for review as to their asylum claims.

With respect to Romero’s withholding of removal claim, substantial evidence supports the agency’s adverse credibility determination based on Romero’s omission from his declaration that the gang members he fears are the same former guerrilla members who had previously attempted to recruit him. See Shrestha, 590 F.3d at 1048 (adverse credibility determination was…