Joel Ramirez-Nolasco v. Eric Holder, Jr.

Joel Antonio Ramirez-Nolasco, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) 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”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings and review de novo questions of law. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We dismiss in part and deny in part the petition for review.

The record does not compel the conclusion that Ramirez-Nolasco 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.

The record does not compel the conclusion that the military’s beating of Ramirez-Nolasco’s father and uncle on one occasion, its attempts to recruit Ramirez-Nolasco, and the disappearance of his father’s cousin occurred on account of a protected ground. See Parussimova v. Mukasey, 555 F.3d 734, 740 (9th Cir.2009) (“The Real ID Act requires that a protected ground represent ‘one…