Oscar Nogales-Perez v. Eric Holder, Jr.

MEMORANDUM

Oscar Israel Nogales-Perez, 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”) (No. 10-72202), and of the BIA’s order denying his motion to reopen removal proceedings (No. 10-73820). We have jurisdiction under 8 U.S.C. § 1252 . We review de novo due process claims, Larita-Martinez v. INS, 220 F.3d 1092, 1095 (9th Cir.2000), we review for substantial evidence the agency’s factual findings, Cruz-Navarro v. INS, 232 F.3d 1024, 1028 (9th Cir.2000), and we review for abuse of discretion the denial of a motion to reopen, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We deny the petitions for review.

The record does not compel the conclusion that Nogales-Perez established changed or extraordinary circumstances to excuse the delay in filing his asylum application beyond the one-year deadline. See 8 C.F.R. §§ 1208.4 (a)(4), (5). We reject Nogales-Perez’s contention that the BIA’s untimeliness finding violates the statute and due process. See…