Alejandro Ramirez-Gallardo v. Eric Holder, Jr.

MEMORANDUM

Alejandro Ramirez-Gallardo, a native and citizen of Mexico, petitions 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, Zehatye v. Gonzales, 458 F.3d 1182, 1184-85 (9th Cir.2006), and review de novo due process claims, Hamazaspyan v. Holder, 590 F.3d 744, 747 (9th Cir.2009). We deny the petition for review.

The record does not compel the conclusion that Ramirez-Gallardo established changed or extraordinary circumstances to excuse his untimely asylum application. See 8 C.F.R. § 1208.4 (a)(4), (5). Thus, we deny the petition for review as to Ramirez-Gallardo’s asylum claim.

Substantial evidence supports the agency’s determination that Ramirez-Gallardo failed to establish past persecution or a fear of future persecution on account of a protected ground. See Gormley v. Ashcroft, 364 F.3d 1172, 1177 (9th Cir.2004) (random criminal acts bore no nexus to a protected…