De Leon v. Gonzales

MEMORANDUM **

Douglas Arody Gonzalez de Leon, a native and citizen of Guatemala, petitions pro se for review of an order of the Board of Immigration Appeals affirming an immigration judge’s decision denying his application for asylum and withholding of removal. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . Reviewing for substantial evidence, Hakeem v. INS, 273 F.3d 812, 816 (9th Cir.2001), we dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency’s factual determination that Gonzalez de Leon is ineligible for asylum because he failed to establish extraordinary circumstances to excuse the untimely filing of his application. See Ramadan v. Gonzales, 427 F.3d 1218, 1221-22 (9th Cir.2005).

Substantial evidence supports the agency’s denial of withholding of removal because Gonzalez de Leon failed to establish a well-founded fear of persecution on account of an enumerated ground. See Bolshakov v. INS, 133 F.3d 1279, 1280-81 (9th Cir.1998) (explaining that evidence of criminal street gang activity does not establish persecution on account of a protected ground); see also Pedro-Mateo v. INS, 224 F.3d 1147, 1150-51…