Discua-Castillo

MEMORANDUM **

Mario Rene Discua-Castillo, a native and citizen of Honduras, 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 and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo questions of law, Cerezo v. Mukasey, 512 F.3d 1163, 1166 (9th Cir.2008), except to the extent that deference is owed to the BIA’s determination of the governing statutes and regulations, Simeonov v. Ashcroft, 371 F.3d 532, 535 (9th Cir.2004). We review factual findings for substantial evidence. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We deny the petition for review.

The record does not compel the conclusion that Discua-Castillo established extraordinary circumstances excusing the untimely filing of his asylum application. See 8 C.F.R. § 1208.4 (a)(5); Ramadan v. Gonzales, 479 F.3d 646, 650 (9th Cir.2007) (per curiam). Accordingly, Discua-Castil-lo’s asylum claim fails. In addition, we reject Discua-Castillo’s contention that the BIA’s determination violated due process. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (requiring…