Oscar Diaz-Corvera v. Eric Holder, Jr.
Opinion
Opinion
MEMORANDUM
Oscar Armando Diaz-Corvera, a native and citizen of El Salvador, 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 for substantial evidence the agency’s factual findings. Shrestka v. Holder, 590 F.3d 1034, 1039 (9th Cir.2010). We deny the petition for review.
The record does not compel the conclusion that Diaz-Corvera has shown extraordinary circumstances to excuse the untimely filing of his asylum application, where he testified that he knew about the filing deadline and chose not to file because he feared being removed if his asylum claim was denied. See 8 C.F.R § 1208.4(a)(5). Accordingly, Diaz-Corv-era’s asylum claim fails. We reject Diaz-Corvera’s contention that the BIA’s refusal to consider changed circumstances deprived him of due process, because the BIA considered and rejected his changed circumstances argument. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (petitioner must show error to establish a due process violation).