Marquez-Villatoro

MEMORANDUM **

Maritza Marquez-Villatoro, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, applying the new standards governing adverse credibility determinations created by the REAL ID Act. Shrestha v. Holder, 590 F.3d 1034, 1039-40 (9th Cir.2010). We deny in part and dismiss in part the petition for review.

The record does not compel the conclusion that Marquez-Villatoro established extraordinary circumstances to excuse her untimely asylum application. See 8C.F.R. § 1208.4(a)(5). We lack jurisdiction to review Marquez-Villatoro’s contention related to equitable tolling of the one-year filing requirement, because she failed to raise it to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004). Accordingly, her asylum claim fails.

Substantial evidence supports the agency’s adverse credibility determination based…