Pierceall

Pierceall v. Holder

Good Law
336 F. App'x 736
United States Court of Appeals for the Ninth CircuitJuly 6, 2009No. 06-73041California313 words

Opinion

Lead Opinion

MEMORANDUM **

Olga Lidia Pierceall, a native and citizen of Romania, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal of an immigration judge’s (“IJ”) decision denying her 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, Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003), and we deny the petition for review.

The record does not compel the conclusion that Pierceall has shown changed or extraordinary circumstances to excuse the untimely filing of her asylum application. See 8 C.F.R. § 1208.4 (a)(4), (5); see also Ramadan v. Gonzales, 479 F.3d 646, 657-58 (9th Cir.2007) (per cu *738 riam). Pierceall’s contention that the IJ implied changed country conditions was the only exception to the one-year filing deadline is belied by the record. We reject Pierceall’s contention that the IJ failed to consider whether her mental health issues excused her untimely asylum application because Pierceall did not raise this issue to the IJ. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (requiring error to establish a…

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