Francisco Murcia-Najarro v. Eric Holder, Jr.

MEMORANDUM

Francisco Murcia-Najarro, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and relief 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, 453 F.3d 1182, 1184-85 (9th Cir.2006). We deny the petition for review.

The record does not compel the conclusion that Murcia-Najarro’s untimely asylum application was filed within a reasonable period of time from the denial of his application for temporary protected status. See 8 C.F.R. § 1208.4 (a)(5); Dhital v. Mukasey, 532 F.3d 1044, 1050 (9th Cir.2008) (application filed 22 months after expiration of lawful nonimmigrant status was not reasonable). Thus, Murcia-Najarro’s asylum claim fails.

Murcia-Najarro does not contend he suffered past persecution. Substantial evidence supports the agency’s determination that Murcia-Najarro failed to establish the government of El Salvador is unable or unwilling to control the people he fears. See…