Ricardo Quezada-Gonzalez v. Eric Holder, Jr.

MEMORANDUM

Ricardo Quezada-Gonzalez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order affirming the Immigration Judge’s denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture. We deny the petition for review.

The asylum claim was denied primarily based on the finding that Petitioner’s application was filed untimely. An applicant can excuse the one-year deadline by establishing “changed circumstances” under 8 U.S.C. § 1158 (a)(2)(D). In addition, after an alleged changed circumstance, an applicant must apply for asylum within a “reasonable period.” 8 C.F.R. § 1208.4 (a)(2)(ii). Petitioner did not file his application until more than three and a half years had passed after his mother’s arrest. This is not a reasonable period. See Taslimi v. Holder, 590 F.3d 981, 986 (9th Cir.2010) (stating “in most cases, [a delay of one year or more] would not be justified.”); see also Husyev v. Mukasey, 528 F.3d 1172, 1178 (9th Cir.2008) (364-day delay was not reasonable). We are not persuaded by Petitioner’s argument that his mother’s detention of three and a half years constituted a…