Sandra Gutierrez v. Eric H. Holder Jr.

MEMORANDUM

Jose Pedro Gonzalez, a native and citizen of El Salvador, petitions 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 under 8 U.S.C. § 1252 . 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 IJ’s determination that no exceptions applied to excuse Gonzalez’s untimely asylum application. 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).

Substantial evidence supports the Board’s denial of asylum and withholding of removal because Gonzalez failed to show his alleged persecutors threatened him on account of a protected ground. His fear of future persecution based on an actual or imputed anti-gang or anti-crime opinion is not on account of the protected ground of…