Prasad

MEMORANDUM **

Sanjay Prasad, a native and citizen of Fiji, petitions for review of a Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s findings, Gafoor v. INS, 231 F.3d 645, 650 (9th Cir.2000), and we review de novo claims of constitutional violations, Chavez-Perez v. Ashcroft, 386 F.3d 1284, 1287 (9th Cir.2004). We grant in part and deny in part the petition for review, and we remand.

The record does not compel the conclusion that Prasad demonstrated extraordinary or changed circumstances to excuse the untimely filing of his asylum application. See 8 C.F.R. § 1208.4 (a)(4), (5). Accordingly, we deny the petition as to the asylum claim.

Prasad’s due process contention regarding the IJ’s determination of the date that *734 his asylum application was filed is not persuasive, where the BIA reached its own conclusion as to Prasad’s untimely asylum application. See Ghaly v. INS, 58 F.3d 1425, 1430 (9th Cir.1995).

The IJ denied withholding of removal on the ground that…