Godinez-Valdez

MEMORANDUM **

Cemeias Casimiro Godinez-Valdez, a native and citizen of Guatemala, 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 relief under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and we review de novo questions of law, 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 Godinezr-Valdez has shown either extraordinary or changed circumstances to excuse his untimely asylum application. See 8 C.F.R. § 1208.4 (a)(4), (5). In addition, the BIA did not violate due process in its analysis of Godinez-Valdez’s extraordinary circumstances contention. See Larita-Martinez v. INS, 220 F.3d 1092, 1095-96 (9th Cir.2000) (requiring alien to overcome presumption that the BIA considered the evidence). Therefore, Godinez-Valdez’s asylum claim fails.

Substantial evidence supports the agency’s determination that…