Luis Pena Rivas v. Loretta E. Lynch

MEMORANDUM

Luis Alonso Pena Rivas, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals' 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, Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir. 2003), and we deny the petition for review.

The record does not compel the conclusion that Pena Rivas established changed or extraordinary circumstances to excuse the untimely filing of his asylum application. See 8 C.F.R. §§ 1208.4 (a)(4), (5). Thus, we deny the petition as to his asylum claim.

Substantial evidence supports the agency’s determination that Pena Rivas’ experiences in El Salvador did not rise to the level of persecution, see Nagoulko, 333 F.3d at 1016-17 ; see also Lim v. INS, 224 F.3d 929, 936 (9th Cir. 2000) (finding unfulfilled threats generally do not constitute past persecution), and that he did not establish that future persecution is more likely than not to occur in El Salvador, see 8…