Juventino Barrera Martinez v. Eric Holder, Jr.

MEMORANDUM

Juventino Barrera Martinez, a native and citizen of El Salvador, petitions 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 protection 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, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and we deny the petition for review.

The record does not compel the conclusion that Barrera Martinez established changed or extraordinary circumstances to excuse his untimely asylum application. See 8 C.F.R. § 1208.4 (a)(4), (5). Accordingly, his asylum claim fails.

Substantial evidence supports the agency’s finding that Barrera Martinez failed to establish the harm he fears is on account of a protected ground, because the threats against him are based on a personal problem with his cousin. See INS v. Elias- Zacarias, 502 U.S. 478, 481-82, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992); Molina-Morales v. INS, 237 F.3d 1048, 1052 (9th Cir. 2001) (personal retribution is not persecution on account of a…