Maynor Zuniga-Ortega v. Loretta E. Lynch

MEMORANDUM

Maynor de Jesus Zuniga-Ortega, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) 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 de novo questions of law and for substantial evidence the agency’s factual findings. Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir.2008). We deny in part and grant in part the petition for review, and we remand.

We decline to consider the new evidence Zuniga-Ortega references in his reply brief because our review is limited to the administrative record underlying the agency’s decision. See Fisher v. INS, 79 F.3d 955, 963 (9th Cir.1996) (en banc).

The record does not compel the conclusion that Zuniga-Ortega established changed or extraordinary circumstances excusing the late filing of his application for asylum. See 8 C.F.R. §§ 1208.4 (a)(4), (5); Ramadan v. Gonzales, 479 F.3d 646, 656-58 (9th Cir.2007) (per curiam).

Substantial evidence supports the agency’s denial of CAT relief…