Wilfredo Pizarro-Davila v. Loretta E. Lynch

MEMORANDUM

Wilfredo Pizarro-Davila, a native and citizen of Peru, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 . We deny the petition for review.

I

The BIA did not err when it refused to extend the briefing schedule of his appeal. The briefing deadlines for an appeal to the BIA are defined by regulation, which provides “[t]he Board ... may extend the period for fifing a brief ... for good cause shown. In its discretion, the Board may consider a brief that has been filed out of time.” 8 C.F.R. § 1003.3 (c)(1). We review the BIA’s management of the briefing schedule under § 1003.3(c)(1) for abuse of discretion. See Zetino v. Holder, 622 F.3d 1007, 1012-13 (9th Cir.2010). “The BIA abuses its discretion when it acts arbitrarily, irrationally, or contrary to the law.” Id. (internal quotation marks omitted).

The BIA did not act arbitrarily, irrationally, or contrary to law when it refused Pizarro-Davila’s second motion to extend the briefing schedule and denied his motion to reconsider. His…