Aji
Aji v. Holder
Opinion
Opinion
MEMORANDUM
Hassan Aji, a native and citizen of Syria, petitions for review of two Board of Immigration Appeals (“BIA”) decisions. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition.
I
Accepting Aji’s explanation for his delay in filing his asylum application as an undisputed fact, we conclude that the agency did not err in denying his application as time barred. Aji’s subjective belief that his family members in Syria might come to harm if he applied for asylum did not demonstrate the type of extraordinary circumstances that would excuse the late filing of his application, such as serious illness, legal incapacity, or ineffective assistance of counsel. 8 U.S.C. § 1158 (a)(2)(D); 8 C.F.R. § 208.4 (a)(5)®-(iii).
II
With respect to Aji’s withholding of removal and Convention Against Torture (“CAT”) claims, the record evidence supports the agency’s determination that significant inconsistencies existed between the event described in his application and his account during his merits hearing of the harm he suffered and feared in Syria. See Don v. Gonzales, 476 F.3d 738, 742 (9th Cir.2007) (concluding that “the lack of details regarding the event that…