Gantcho Gantchev v. Eric H. Holder Jr.

MEMORANDUM

Gantcho Gospodinov Gantchev petitions for review of a decision of the Board of Immigration Appeals (“BIA”), which affirmed the immigration judge’s (“IJ’s”) denial of his claims for asylum, withholding of removal, and relief under the Conven tion Against Torture (“CAT”). We deny the petition for review.

I

Substantial evidence supports the agency’s conclusion that Gantchev’s asylum claim was time-barred because he did not file his asylum petition within one year after he arrived in the United States. 8 U.S.C. § 1158 (a)(2)(B). He failed to apply for asylum for more than five years after he last entered the United States. Substantial evidence supports the BIA’s conclusion that the filing delay was not reasonable in light of the “extraordinary circumstances” he alleged. See 8 C.F.R. § 1208.4 (a)(5). Even crediting Gantchev’s testimony about the extent of his injuries from his two car accidents and the complications from his hernia operation, the agency properly concluded that Gantch-ev’s delay in applying for asylum after he recovered from those incidents was not reasonable.

II

Substantial evidence supports the agency’s denial of Gantchev’s request for withholding of…