Hem Oli v. Eric Holder, Jr.

MEMORANDUM

Hem Gajadhar Oli, a native and citizen of Nepal, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s 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 factual findings. Zhao v. Mukasey, 540 F.3d 1027, 1029 (9th Cir.2008). We deny in part and grant in part the petition for review, and we remand.

The record does not compel the conclusion that Oli’s untimely asylum application is excused by changed circumstances. See 8 C.F.R. § 1208.4 (a)(4); see also Ramadan v. Gonzales, 479 F.3d 646, 657-58 (9th Cir.2007) (per curiam). We reject Oli’s contention that the agency’s analysis of changed circumstances was insufficient. Thus, we deny the petition as to Oli’s asylum claim.

Substantial evidence supports the BIA’s denial of Oli’s CAT claim because he failed to show it is more likely than not that he would be tortured if returned to Nepal. See Zheng v. Holder, 644 F.3d 829, 835-36 (9th Cir.2011). Thus, we deny the petition as to Oli’s CAT claim.

With…