Luis Mateo-Nolasco v. Eric Holder, Jr.

MEMORANDUM

Luis Emilio Diego-Nolasco, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his 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 the agency’s factual findings, applying the standards governing adverse credibility determinations created by the REAL ID Act. Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir.2010). We deny the petition for review.

Substantial evidence supports the agency’s determination that Diego-Nolasco failed to demonstrate changed or extraordinary circumstances to excuse the untimely filing of his asylum application beyond the one-year deadline. See 8 C.F.R. §§ 1208.4 (a)(4), (5). Accordingly, we deny the petition as to Mateo-Nolasco’s asylum claim.

Substantial evidence also supports the agency’s adverse credibility determination based on inconsistencies between Diego-Nolasco’s testimony and his declaration, and between his testimony and his wife’s testimony, as to whether associates of his…