Belech
Belech v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Juan Merlos Belech, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) order denying his applications for asylum, withholding of removal, and cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . Where, as here, the BIA affirms without opinion, we review the IJ’s decision. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003). We dismiss in part, deny in part, and grant in part the petition for review.
We lack jurisdiction to review the IJ’s determination that Belech’s asylum application was untimely filed and that he failed to demonstrate extraordinary circumstances to excuse the untimeliness. See 8 U.S.C. § 1158 (a)(3); Ramadan v. Gonzales, 427 F.3d 1218, 1222 (9th Cir. 2005).
We review for substantial evidence the IJ’s denial of withholding of removal. See Lanza v. Ashcroft, 389 F.3d 917, 933 (9th Cir.2004). Substantial evidence supports the IJ’s findings that Belech failed to show that it was more likely than not that he would be persecuted if returned to Guatemala and that any feared persecution was not on account of a…