Valdez-Estrada

MEMORANDUM **

Leonel Ovidio Valdez-Estrada, a 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 de novo claims of due process violations, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000), and we also review de novo other 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 grant in part and deny in part the petition for review.

The record does not compel the conclusion that extraordinary circumstances excused the untimely filing of Valdez-Estrada’s asylum application. See 8 C.F.R. § 1208.4 (a)(5); Toj-Culpatan v. Holder, 588 F.3d 638, 639-41 (9th Cir.2009) (per curiam). Accordingly, we deny…