Jesus Gonzalez v. Eric Holder, Jr.

MEMORANDUM

Eduardo Garay Arroyo, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We deny the petition for review.

The record does not compel the conclusion that Garay Arroyo established changed or extraordinary circumstances to excuse his untimely asylum application. See 8 C.F.R. § § 1208.4(a)(4), (5). Accordingly, Garay Arroyo’s asylum claim fails.

Substantial evidence supports the BIA’s finding that Garay Arroyo failed to establish he suffered past persecution on account of his sexual orientation. See Parussimova v. Mukasey, 555 F.3d 734, 740 (9th Cir.2009) (“[t]he REAL ID Act requires that a protected ground represent ‘one central reason’ for an asylum applicant’s persecution”); Molina-Morales v. INS, 237 F.3d 1048, 1051-52 (9th Cir.2001) (personal dispute, not persecution on account of a…