Francisco Batres-Roca v. Merrick Garland

facts, we recite only those necessary to our decision. We deny the petition.

First, we agree with the BIA’s conclusion that Batres-Roca was ineligible

for asylum because he neither met the timely filing requirement nor fulfilled an

exception to that requirement despite his claim to an exception for “extraordinary

circumstances.” See 8 C.F.R. § 1208.4(a)(5) (defining “extraordinary

circumstances” as “events or factors directly related to the failure to meet the 1-

year deadline” and rendering the delay “reasonable under the circumstances”);

Singh v. Holder, 656 F.3d 1047, 1051 (9th Cir. 2011) (recognizing appellate

jurisdiction to review the agency’s application of the “extraordinary

circumstances” exception to undisputed facts). Batres-Roca most recently entered

the U.S. on June 4, 2011, and was thus required to file his application in

immigration court by June 4, 2012, but only did so on November 1, 2013. The BIA

committed no error in concluding that he failed to qualify for the “extraordinary

circumstances” exception. The BIA cogently emphasized that he “admit[ted] that

he does not have proof of allegedly filing the application in February 2012” with

USCIS, which,…