Marco Arce Garcia v. Eric Holder, Jr.

MEMORANDUM

Marco Polo Arce Garcia, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) 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 agency’s factual findings and de novo questions of law. Tapia Madrigal v. Holder, 716 F.Sd 499, 503 (9th Cir.2013). We deny in part and grant in part the petition for review, and we remand.

The record does not compel the conclusion that Garcia established changed or extraordinary circumstances to excuse his untimely asylum application. 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). Thus, his asylum claim fails.

In denying Garcia’s withholding of removal claim, the agency found Garcia failed to establish past persecution or a fear of future persecution on account of a protected ground. When the IJ and BIA issued their decisions in this case, they did not have the benefit of this court’s decisions in…