Shekhar Rahate v. Eric Holder, Jr.

MEMORANDUM

Shekhar Yasant Rahate, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (BIA) order dismissing his appeal of an Immigration Judge’s (IJ) denial of his application for asylum, withholding of removal, and relief under the United Nations Convention Against Torture (CAT).

The BIA did not err in rejecting Ra-hate’s claim that extraordinary circumstances excused his failure to file his asylum application within the one-year limitation period. Rahate’s reliance on his wife’s representation that she would file a petition on his behalf is not an “extraordinary circumstance” enumerated in the regulation. See 8 C.F.R. § 208.4 (a)(5). Moreover, Rahate could have pursued asylum and adjustment of status concurrently, so his failure to meet the one-year deadline was not directly related to his application for other relief. See id. Accordingly, the BIA did not err in dismissing Rahate’s asylum application as untimely. See 8 U.S.C. § 1158 (a)(2)(B).

Substantial evidence supports the BIA’s conclusion that the threatening phone calls during a one-week period and the single incident of violence Rahate experienced more than fifteen years ago did…