Jose Rey Felipe v. Eric Holder, Jr.

MEMORANDUM

Jose Rey Mendoza Felipe, a native and citizen of the Philippines, 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 the agency’s factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We deny the petition for review.

Substantial evidence supports the BIA’s determination that Felipe failed to establish 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 is time-barred.

Substantial evidence also supports the BIA’s determination that Felipe’s past harm from a random mugging did not rise to the level of persecution. See Nahrvani v. Gonzales, 399 F.3d 1148, 1153 (9th Cir.2005) (persecution is an extreme concept). Substantial evidence also supports the agency’s determination that Felipe’s future fear lacked a…