Surinder Singh v. Eric Holder, Jr.

MEMORANDUM

Surinder Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, applying the new standards governing adverse credibility determinations created by the Real ID Act. Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir.2010). We review de novo questions of law. Husyev v. Mukasey, 528 F.3d 1172, 1177 (9th Cir.2008). We deny in part and dismiss in part the petition for review.

The record does not compel the conclusion that Singh filed his asylum application within a reasonable period of time following the expiration of his lawful nonimmi-grant status, see id. at 1181-82 ; Dhital v. Mukasey, 532 F.3d 1044, 1050 (9th Cir.2008) (per curiam), or that his untimely asylum application is otherwise excused by extraordinary circumstances, see 8 C.F.R. § 1208.4 (a)(5); Toj-Culpatan v. Holder, 612 F.3d 1088, 1091 (9th Cir.2010) (per curiam).…