Rogelio Marquez-Cruz v. Eric Holder, Jr.

MEMORANDUM

Rogelio Marquez-Cruz petitions for review of the BIA’s denial of his application for asylum, withholding of removal and relief under the Convention Against Torture. We deny the petition.

1. The BIA’s determination that Marquez did not file an asylum application within a reasonable time given his changed circumstances is supported by substantial evidence. Although the events giving rise to the changed circumstances occurred in September and October 2008, Marquez failed to take any action to file an asylum application until August 2009, after he was arrested for domestic assault and removal proceedings were instituted against him. The evidence does not compel the conclusion that his delay was reasonable. See INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992) (“To reverse the BIA finding we must find that the evidence not only supports [a contrary] conclusion, but compels it....”).

2. Substantial evidence also supports the BIA’s determination that Marquez has not shown a clear probability that he will be persecuted or tortured if he is removed to Mexico. Given his family’s continued safety in Mexico following the 2008 incidents, the…