Marta Gil-Rabado v. Loretta E. Lynch

MEMORANDUM

Marta Gil-Rabado, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her 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. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We deny the petition for review.

Gil-Rabado does not challenge the agency’s determination that she did not establish past persecution in Mexico. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996). Even if Gil-Rabado qualified for an exception for the untimely filing of her asylum application, substantial evidence supports the agency’s determination that Gil-Rabado failed to establish that her fear of future harm was objectively reasonable. See Gu v. Gonzales, 454 F.3d 1014, 1022 (9th Cir.2006) (petitioner failed to “present compelling, objective evidence demonstrating a well-founded fear of persecution”). We reject Gil-Rabado’s contention that the IJ applied an erroneous legal standard in concluding…