Cruz-Diaz

Cruz-Diaz v. Holder

Good Law
410 F. App'x 44
United States Court of Appeals for the Ninth CircuitJanuary 19, 2011No. 07-72695California413 words

Opinion

Lead Opinion

MEMORANDUM **

Javier Alejandro Cruz-Diaz and Marinia Gabriela Cruz-Diaz, natives and citizens of Honduras, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s decision denying their applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . “We review findings of fact for substantial evidence and questions of law de novo.” Cortez-Pineda, v. Holder, 610 F.3d 1118, 1121 (9th Cir.2010). We deny the petition for review.

The record does not compel the conclusion that changed or extraordinary circumstances excused the untimely filing of petitioners’ asylum applications. See 8 C.F.R. § 1208.4 (a)(4), (5); Husyev v. Mukasey, 528 F.3d 1172, 1181 (9th Cir.2008); Ramadan v. Gonzales, 479 F.3d 646, 657-58 (9th Cir.2007). Accordingly, we deny the petition as to their asylum claims.

Petitioners’ claims for withholding of removal also fail, because substantial evidence supports the determinations that Javier did not suffer past persecution, see Prasad v. INS, 47 F.3d 336, 339-40 (9th Cir.1995), and that the harm Marinia suffered was not on…

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