Raul Hernandez v. Eric Holder, Jr.

MEMORANDUM

Raul Hernandez, 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 protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Nahrvani v. Gonzales, 399 F.3d 1148, 1151 (9th Cir.2005), and we deny the petition for review.

Substantial evidence supports the BIA’s finding that Hernandez failed to file his asylum application within a reasonable period of time after any changed or extraordinary circumstances. See 8 C.F.R. § 1208.4 (a); Husyev v. Mukasey, 528 F.3d 1172, 1181-82 (9th Cir.2008). Because Hernandez’s asylum claim is time-barred, we reject his remaining arguments regarding asylum, and deny the petition as to this claim.

Hernandez testified he received telephonic and written threats in Guatemala, and his brother was murdered. Substantial evidence supports the BIA’s conclusion that Hernandez did not establish past persecution or that it is more likely than not that he would be persecuted in the future. See…