Amira Riveral v. Eric Holder, Jr.

MEMORANDUM

Amira Riveral, a native of Libya and citizen of Bulgaria, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for asylum, withholding of removal, and protection 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. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We deny in part and dismiss in part the petition for review.

The record does not compel the conclusion that Riveral established extraordinary circumstances to excuse her untimely asylum application. See 8 C.F.R. § 1208.4 (a)(5). In addition, we lack jurisdiction to consider her unexhausted challenge to the factual allegation in the Notice to Appear regarding the termination of nonimmigrant student status. See Tall v. Mukasey, 517 F.3d 1115, 1120 (9th Cir.2008). Accordingly, her asylum claim fails.

Riveral testified that she was never approached, verbally harassed, or physically harmed in Bulgaria. Substantial evidence supports the agency’s finding that Riveral failed to establish…