Fengxiang Cao v. Eric H. Holder Jr.

MEMORANDUM

Fengxiang Cao petitions for review of the Board of Immigration Appeals’s (“BIA”) decision adopting and affirming the order of the Immigration Judge (“IJ”) denying Cao’s application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Because the parties are familiar with the history of the case, we need not recount it here. We deny the petition.

I

The IJ properly concluded that Cao’s asylum application was time-barred. Cao concedes that he failed to file his asylum application within one year after the date of his last arrival in the United States, and he has not established that either changed circumstances or extraordinary circumstances excused the delay. 8 U.S.C. § 1158 (a)(2)(D).

Cao’s lawful status terminated when his P-3 visa expired in December 2003, and he provides no facts to explain why ten months passed before he took any action to adjust his status or seek relief. He also offers no facts to explain why eight months passed before he discovered that his petition for lawful permanent status was denied. Without any such explanation, Cao’s delay in applying for asylum following the termination of his lawful status…