Ortega-Sanchez

Ortega-Sanchez v. Holder

Good Law
398 F. App'x 211
United States Court of Appeals for the Ninth CircuitSeptember 30, 2010No. 07-74313California453 words

Opinion

Lead Opinion

*213 MEMORANDUM **

Edgar Rovidio Ortega-Sanchez, 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 (“IJ”) 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 for substantial evidence the agency’s factual findings, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), and de novo due process claims, Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001). We deny the petition for review.

The record does not compel the conclusion that changed or extraordinary circumstances excused Ortega-Sanchez’s untimely filed asylum application. See 8 C.F.R. § 1208.4 (a)(4), (5); Ramadan v. Gonzales, 479 F.3d 646, 656-58 (9th Cir. 2007) (per curiam). Accordingly, Ortega-Sanchez’s asylum claim fails. In light of this conclusion, we deny Ortega-Sanchez’s motion to file a supplemental brief.

Substantial evidence supports the agency’s finding that Ortega-Sanchez failed to establish past persecution because the record does not compel the conclusion that the deaths of his…

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