Jose Mejia Malagon v. Eric H. Holder Jr.

MEMORANDUM

Jose Martin Mejia-Malagon (“Mejia”), along with his wife and their four children (collectively “Petitioners”), petition for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s (“IJ”) denial of Petitioners’ claims for asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition for review.

Mejia and his wife have not demonstrated “extraordinary circumstances” that would excuse their failure to file an asylum application within the statutory time period. 8 U.S.C. § 1158 (a)(2)(B); 8 C.F.R. § 1208.4 (a)(5). The alleged ineffective assistance of counsel occurred long after the one-year deadline had passed and is irrelevant to support equitable tolling. In any event, substantial evidence supports the Id’s denial of Mejia’s petition for asylum, and his wife and children’s derivative claims, on the merits.

The record before us does not compel a finding that Mejia suffered “persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” 8 U.S.C. §…