Ernesto Gonzales-Puebla v. Loretta E. Lynch

MEMORANDUM

Ernesto Gonzales-Puebla (“Gonzales”), a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an Immigration Judge’s (“IJ”) 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 the BIA’s decision for substantial evidence, Karouni v. Gonzales, 399 F.3d 1163, 1170 (9th Cir. 2005), and deny the petition.

First, the IJ did not err in finding that Gonzales’ late-filed application rendered him ineligible for asylum. Asylum seekers must file their applications within one year of entry into the United States, or otherwise demonstrate changed or extraordinary circumstances to qualify for an exception. 8 U.S.C. § 1158 (a)(2)(B), (D); 8 C.F.R. § 1208.4 . Gonzales arrived in January 2010 but did not file his application until March 2012, the time of his master calendar hearing. He contends he is entitled to an exception to the one-year bar because he relied on the United States Department of Justice Operating Policies and Procedures (“OPPM”) Nos. 00-01 and 00-02 for his…