Zhenik Nazaryan v. Eric Holder, Jr.
Opinion
Opinion
MEMORANDUM
Raul Mauricio Samaniego Solarte and his family, natives and citizens of Ecuador, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing them appeal from an immigration judge’s decision denying their applications 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). We deny in part and grant in part the petition for review, and we remand.
The record does not compel the conclusion that petitioners established changed or extraordinary circumstances sufficient to excuse the delay in filing their asylum applications. See 8 C.F.R. § 1208.4 (a); see also Husyev v. Mukasey, 528 F.3d 1172, 1181 (9th Cir.2008). Accordingly, their asylum claims fail.
Substantial evidence supports the BIA’s denial of CAT relief because petitioners failed to show it is more likely than not they will be tortured with the consent or acquiescence of the government if returned to Ecuador. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir.2008).