Saquic

Saquic v. Holder

Good Law
328 F. App'x 520
United States Court of Appeals for the Ninth CircuitJuly 6, 2009No. 06-74769California293 words

Opinion

Lead Opinion

MEMORANDUM **

Francisco Faustino Renoj Saquic, a native and citizen of Guatemala, petitions pro se 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”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we deny in part and dismiss in part the petition for review.

The record does not compel the conclusion that Saquic established extraordinary circumstances to excuse his late filed asylum application. See 8 C.F.R. § 1208.4 (a)(5); see also Husyev v. Mukasey, 528 F.3d 1172, 1181 (9th Cir.2008). Accordingly, Saquic’s asylum claim fails.

Even if Saquic suffered past persecution, the record does not compel reversal of the agency’s conclusion that Saquic failed to establish a clear probability of future persecution because of changed country conditions in Guatemala. See Gui v. INS, 280 F.3d 1217, 1230 (9th Cir.2002). Accordingly, Saquic’s withholding of removal claim fails.…

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