Sylvia Rosales Veliz v. Loretta E. Lynch

MEMORANDUM

Sylvia Paola Rosales Veliz, a native and citizen of Guatemala, petitions for review of a Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s 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 the agency’s factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and we deny the petition for review.

The record does not compel the finding that Rosales Veliz established extraordinary circumstances to excuse her untimely asylum application. See 8 C.F.R. § 1208.4 (a)(5); see also Toj-Culpatan v. Holder, 612 F.3d 1088, 1091-92 (9th Cir.2010). We reject Rosales Veliz’s contentions that the agency’s analysis was insufficient and improper. Thus, we deny the petition for review as to her asylum claim.

Rosales Veliz testified that she and her husband were the victims of a carjacking in Guatemala and she fears further harm if returned. Substantial evidence supports the agency’s determination that even if Rosales Veliz established she is a member of a particular social…