Luis Ordaz-Leyva v. Loretta E. Lynch

MEMORANDUM

Luis Miguel Ordez-Leyya, a native and citizen of Mexico, petitions 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”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings. Zetino v. Holder, 622 F.3d 1007, 1011-12 (9th Cir.2010). We deny in part and dismiss in part the petition for review.

The record does not compel the conclusion that Ordaz-Leyva established 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, we deny the petition as to Ordaz-Leyva’s asylum claim. In light of this dispositive determination, we reject Ordaz-Leyva’s request for a remand based on Henriquez-Rivas v. Holder, 707 F.3d 1081 (9th Cir.2013).

Ordaz-Leyva does not challenge the BIA’s finding that he waived any challenge to the IJ’s denial of his withholding of removal and CAT claims. See…