Palacios-Santana
Palacios-Santana v. Gonzales
Opinion
Lead Opinion
*628 MEMORANDUM **
Edwin Palacios-Santana, a native and citizen of Ecuador, petitions for review of the Board of Immigration Appeals’ order adopting and affirming an Immigration Judge’s (“IJ”) order denying his application for withholding of removal, asylum, and protection under the Convention Against Torture (“CAT”).
We lack jurisdiction to review the IJ’s determination that Palacios-Santana failed to file a timely asylum application and that no changed or extraordinary circumstances excused the untimely filing of his application. See Ramadan v. Gonzales, 427 F.3d 1218, 1221-22 (9th Cir. 2005). Accordingly, we dismiss the petition as to his asylum claim.
We have jurisdiction pursuant to 8 U.S.C. § 1252 to review Palacios-Santana’s claim for withholding of removal. We review the IJ’s decision for substantial evidence, a deferential standard under which it must be upheld unless the evidence compels a contrary result. See Njuguna v. Ashcroft, 374 F.3d 765, 769 (9th Cir.2004).
As a preliminary matter, we reject the government’s contention that PalaciosSantana has waived his withholding of removal claim. See Ndom v. Ashcroft, 384 F.3d 743, 750-51 (9th Cir.2004). On the merits,…