Tjhin Lisa v. Eric Holder, Jr.

MEMORANDUM

Petitioners requested a review of the BIA’s denial of their claims for asylum, withholding of removal, and protection under the Convention Against Torture. We review under the substantial evidence standard. Gallegos-Vasquez v. Holder, 636 F.3d 1181, 1184 (9th Cir.2011). We have jurisdiction under 8 U.S.C. § 1252 and deny the petition for review.

An alien must apply for asylum within one year of arriving in the United States, but late filings are permitted if “extraordinary circumstances” exist that are directly related to the petitioner’s inability to timely file. 8 U.S.C. § 1158 (a)(2)(D); 8 C.F.R. § 208.4 (a)(5); Singh v. Holder, 656 F.3d 1047, 1055-56 (9th Cir.2011). Lisa’s poor health was not directly related to her delayed filing because she could still work and perform most daily functions, displaying a general capability to file. Also, she admitted that she was not aware of the asylum process until after the one-year deadline expired. Rasberry v. Garcia, 448 F.3d 1150, 1154 (9th Cir.2006). Lisa has not proven extraordinary circumstances to justify her late filing.

With respect to Lisa’s claim for withholding of removal, the BIA relied on substantial evidence…