Almntaser

MEMORANDUM **

Ali Rajeh Saleh Almntaser, a native and citizen of Yemen, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) 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 de novo questions of law and review for substantial evidence factual findings. See Husyev v. Mukasey, 528 F.3d 1172, 1177 (9th Cir.2008).

The record does not compel the conclusion that Almntaser’s alleged illness, or his expectation that he would eventually obtain immigration benefits through his marriage established extraordinary circumstances that excuse the untimely filing of his asylum application. See 8 C.F.R. 1208.4(a)(5)(i); see also Husyev, 528 F.3d at 1181-82 . Accordingly, Almntaser’s asylum claim fails.

Substantial evidence supports the agency’s determination that Almntaser’s experiences in Yemen did not rise to the level of persecution, see Lim v. INS, 224 F.3d 929, 936-38 (9th Cir.2000) (threats received did not demonstrate past persecution); and that he does not have a clear probability of…