Eliseo Ruiz Cabrera v. Eric H. Holder Jr.

MEMORANDUM

Otoniel Eliseo Ruiz Cabrera, a native and citizen of Guatemala, petitions pro se for review of a Board of Immigration Appeals order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal and protection under the Convention Against Torture (CAT). We have jurisdiction pursuant to 8 U.S.C. § 1252 . See also Ramadan v. Gonzales, 479 F.3d 646, 648 (9th Cir.2007) (per curiam) (exercising jurisdiction over consideration of one-year bar where facts were undisputed). We review factual findings for substantial evidence, Santos-Lemus v. Mukasey, 542 F.3d 738, 742 (9th Cir.2008), and deny the petition for review.

Substantial evidence supports the Board’s determination that no exceptions applied to excuse Ruiz Cabrera’s untimely asylum application, filed almost eight years late. See 8 U.S.C. § 1158 (a)(2)(B) (requiring petitioner to apply for asylum within one year of arrival in United States unless prevented by extraordinary circumstances or changed circumstances materially affecting eligibility for relief); Toj-Culpatan v. Holder, 588 F.3d 638, 639-40 (9th Cir.2009) (holding no extraordinary circumstances excused…