Stephen Diayi v. Eric Holder, Jr.

MEMORANDUM

Stephen Ifechukwude Diayi, a native and citizen of Nigeria, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum and withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s determination that even if we were to assume Diayi advanced persuasive reasons to excuse the untimely filing of his asylum application, the incidents of mistreatment Diayi suffered in Nigeria, even cumulatively, do not rise to the level of persecution. See Nagoulko v. INS, 333 F.3d 1012, 1016-18 (9th Cir.2003) (discrimination, including employment discrimination, harassment, and physical encounters without any significant physical violence, did not compel finding of past persecution). We reject Diayi’s contentions that the agency failed to consider some incidents of harm. Substantial evidence also supports the agency’s determination that…