Curin-Franco
Curin-Franco v. Mukasey
Opinion
Lead Opinion
*502 MEMORANDUM **
Sergio Orlando Curin-Franco, 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 protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Cruz-Navarro v. INS, 232 F.3d 1024, 1028 (9th Cir.2000), and we deny the petition for review.
The record does not compel the conclusion that the changed circumstances or extraordinary circumstances exceptions excused the untimely filing of Curin-Fran-co’s asylum application. See 8 C.F.R. §§ 1208.4 (a)(4), (5); Ramadan v. Gonzales, 479 F.3d 646, 648, 657-58 (9th Cir.2007) (per curiam).
Even if Curin-Franco’s testimony were credible, substantial evidence supports the BIA’s denial of withholding of removal because Curin-Franco failed to establish that the guerillas threatened him on account of an imputed political opinion. See INS v. Elias-Zacarias, 502 U.S. 478, 481-82 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Moreover, the record does not support Curin-Franco’s contention…