Gonzalez

Gonzalez v. Holder

Good Law
490 F. App'x 929
United States Court of Appeals for the Ninth CircuitDecember 28, 2012No. 11-73663California354 words

Opinion

Lead Opinion

MEMORANDUM **

Jesus Rolando Acevedo Gonzalez, a native and citizen of El Salvador, petitions pro se for review of a Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, and review de novo the agency’s legal determinations. Santos-Lemus v. Mukasey, 542 F.3d 738, 742 (9th Cir.2008). We deny the petition for review.

Gonzalez failed to meet his burden of demonstrating by clear and convincing evidence that his asylum application was filed within one year of his arrival in the United States, or that his late filing should be excused. See 8 U.S.C. § 1158 (a)(2)(B), (D). Substantial evidence supports the BIA’s conclusion that the injuries Gonzalez sustained during military service were not on account of a protected ground, and that his father’s death was a casualty of war. See Parussimova v. Mukasey, 555 F.3d 734, 740 (9th Cir.2009) (“[t]he Real ID Act requires that a protected ground represent ‘one central…

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