Mark Yeglaryan v. Eric Holder, Jr.

Applicant Mark Yeglaryan petitioned for review of the Board of Immigration Appeals’ decision denying asylum, withholding of removal, and relief under the Convention Against Torture, as well as his motion to remand and his due process claim. We have jurisdiction under 8 U.S.C. § 1252 and deny the petition for review.

Yeglaryan argues that his alleged marriage to a U.S. citizen and his belief that his wife had begun to prepare a visa petition on his behalf, constituted extraordinary circumstances excusing his untimely asylum application. Even assuming we have jurisdiction to consider this issue, Yeglaryan’s circumstances were not extraordinary. Marriage to a U.S. citizen is not a circumstance related to an untimely filing of an asylum application. See 8 C.F.R. § 208.4 (a)(5). Nor would Yeglar-yan’s belief that his wife was preparing a visa application on his behalf have prevented him from applying for asylum at the same time, see, e.g., Toj-Culpatan v. Holder, 612 F.3d 1088, 1090-92 (9th Cir.2010), particularly since his wife was allegedly working on the visa application for only a portion of Yeglaryan’s filing delay. Moreover, the length of Yeglaryan’s delay in filing was…