Silva
Silva v. Holder
Opinion
Lead Opinion
MEMORANDUM **
Washington Pereira Silva, a native and citizen of Brazil, petitions for review of the Board of Immigrations 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 (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence. See INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Under this standard, we must uphold the BIA’s decision unless the evidence compels a contrary result. See id. at 481 n. 1, 112 S.Ct. 812 . We deny the petition for review.
Because the underlying facts are undisputed, we have jurisdiction to review the BIA’s determination that Silva has not demonstrated changed circumstances to excuse the late filing of his application for asylum. See Ramadan v. Gonzales, 479 F.3d 646, 648 (9th Cir.2007). The record does not compel the conclusion that Silva demonstrated changed circumstances in Brazil that materially affect his eligibility for asylum. See id. at 657 . We uphold the BIA’s timeliness determination. See id.