Santos Vega-Aredo v. Eric Holder, Jr.

MEMORANDUM

Jose Francisco Zavala and Josefina Rivas, husband and wife and natives and citizens of El Salvador, petition for review of a Board of Immigration Appeals order dismissing them appeal from an immigration judge’s (IJ) decision denying their 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 dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the Board’s timeliness determination as to petitioners’ asylum application, filed 19 months late. 8 U.S.C. § 1158 (a)(3); Ramadan v. Gonzales, 479 F.3d 646, 650 (9th Cir.2007). We lack jurisdiction to consider petitioners’ unexhausted contention that their untimely asylum application is excused by extraordinary or changed circumstances. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004).

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