Gaspar Miguel v. Mukasey

*130 MEMORANDUM **

Miguel Gaspar-Pascual Gaspar petitions 1 for review of the Board of Immigration Appeals’ (“BIA’s”) order dismissing his appeal from an immigration judge’s (“IJ’s”) order denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . Because the BIA “reviewed the IJ’s decision and incorporated portions of it as its own, we treat the incorporated parts of the IJ’s decision as the BIA’s.” Molina-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002). We dismiss in part and deny in part.

The BIA dismissed Gaspar’s asylum petition as untimely. Though we may exercise jurisdiction over Gaspar’s claim that “extraordinary circumstances” excused his delay, see Dhital v. Mukasey, 532 F.3d 1044, 1049 (9th Cir.2008); Husyev v. Mukasey, 528 F.3d 1172, 1178 (9th Cir.2008), we reject his contentions. Gas-par’s lack of education, fluency in only his native dialect of Chuj, and ignorance of his right to asylum do not excuse his delay. See Antonio-Martinez v. INS, 317 F.3d 1089, 1093 (9th Cir.2003). Moreover, Gas-par intentionally delayed filing his asylum application because he…