Mohamed Abdulghani v. Eric Holder, Jr.

MEMORANDUM

Mohamed A. Abdulghani, a native and citizen of Yemen, 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 relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review factual findings for substantial evidence, Husyev v. Mukasey, 528 F.3d 1172, 1177 (9th Cir.2008), and we deny the petition for review.

The record does not compel the conclusion that Abdulghani filed his asylum application within a reasonable time after his valid student visa status expired. See id. at 1181 . Accordingly, Abdulghani’s asylum claim fails.

Abdulghani does not challenge the agency’s finding that he failed to demonstrate past persecution in Yemen. Further, substantial evidence supports the agency’s determination that Abdulghani has not shown it is more likely than not that he will be persecuted by his former girlfriend’s tribe when eighteen years have passed since he left Yemen, his former girlfriend has since married, and the country reports do not compel the conclusion a man in Abdulghani’s position is…