Anguiano-Aguirre
Anguiano-Aguirre v. Holder
Opinion
Lead Opinion
MEMORANDUM **
Jose Luis Anguiano-Aguirre, a native and citizen of Mexico, petitions for review *688 of the Board of Immigration Appeals’ 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 for substantial evidence the agency’s factual findings, and we review de novo the agency’s legal determinations. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny the petition for review.
The record does not compel the conclusion that Anguiano-Aguirre’s untimely asylum application was filed within a reasonable period of time given any changed or extraordinary circumstances. See 8 C.F.R. § 1208.4 (a)(4), (5); Dhital v. Mukasey, 532 F.3d 1044, 1050 (9th Cir.2008) (application filed 22 months after expiration of lawful nonimmigrant status expired was not reasonable). Accordingly, his asylum claim fails.
Substantial evidence supports the agency’s finding that the gang member’s threat to Anguiano-Aguirre did not rise to the level of persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003)…