Hoyri-Hyri

MEMORANDUM **

Romel Hoyri-Hyri, a native and citizen of Venezuela, 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”). We have jurisdiction under 8 U.S.C. § 1252 . We review de novo questions of law and for substantial evidence factual findings. Husyev v. Mukasey, 528 F.3d 1172, 1177 (9th Cir.2008). We deny the petition for review.

The record does not compel the conclusion that Hoyri-Hyri established changed or extraordinary circumstances excusing his untimely filed application. See 8 C.F.R. § § 1208.4(a)(4), (5). Accordingly, his asylum claim, including his claim for humanitarian asylum, fails.

Hoyri-Hyri contends he suffered past persecution and fears future persecution on the basis of his Arabic ethnicity and membership in a social group of ethnic small business owners. Substantial evi *224 dence supports the BIA’s determination that Hoyri-Hyri did not establish that the harm he, suffered or fears, based on the threats and violence he and his family experienced, is on account of…