Sok Meas v. Eric H. Holder Jr.

MEMORANDUM

Sok Heng Meas, a native and citizen of Cambodia, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and we deny the petition for review.

The record supports the agency’s denial of Meas’s asylum application as untimely based on the two-year delay between when Meas learned her husband was arrested and when she filed her application. See Taslimi v. Holder, 590 F.3d 981, 984 (9th Cir.2010) (the court has jurisdiction to consider whether an application for asylum was filed within a reasonable time); Husyev v. Mukasey, 528 F.3d 1172, 1181-82 (9th Cir.2008). Accordingly, Meas’s asylum claim fails.

Meas does not contend that she suffered past persecution. The record does not compel the conclusion that Meas has a clear probability of future persecution because there is no evidence that spouses of members of the Cambodian Freedom…