Luis Garcia v. Eric Holder, Jr.

MEMORANDUM

In these consolidated petitions for review, Luis Gustavo Garcia, a native and citizen of Honduras, petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an immigration judge’s (“IJ”) decision denying Garcia’s applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”) (No. 10-71558), and of the BIA’s subsequent order denying Garcia’s motion to reconsider and reopen (No. 10-73219). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, Ornelas-Chavez v. Gonzales, 458 F.3d 1052, 1055-56 (9th Cir.2006), and review for abuse of discretion the BIA’s denial of a motion to reconsider and reopen, Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir.2010). We deny the petitions for review.

Garcia does not raise any challenge to the agency’s dispositive determination that his asylum application is time-barred. Furthermore, substantial evidence supports the BIA’s determination that Garcia failed to demonstrate eligibility for humanitarian relief based on the severity of past persecution. See Vongsakdy v. INS, 171 F.3d 1203, 1205 (9th…