Olascoaga

Olascoaga v. Gonzales

Good Law
245 F. App'x 665
United States Court of Appeals for the Ninth CircuitAugust 21, 2007No. 05-70845California304 words

Opinion

Lead Opinion

MEMORANDUM **

Salvador Fernando Olascoaga, his wife, and his sons, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) decision which affirmed the Immigration Judge’s (“U”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Where it is unclear whether the BIA conducted a de novo review, we look to the IJ’s decision as a guide. See Avetova-Elisseva v. INS, 213 F.3d 1192, 1197 (9th Cir.2000). We deny the petition for review.

We have jurisdiction to review the agency’s finding of no extraordinary or changed circumstances to excuse the untimely filing of the asylum application. *667 See Ramadan v. Gonzales, 479 F.3d 646, 650 (9th Cir.2007) (per curiam). The record does not compel the conclusion that petitioners have shown either changed or extraordinary circumstances to excuse the untimely filing of their asylum application. See id. at 657-58 ; see also 8 C.F.R. § 208.4 (a)(4), (5). Accordingly, we deny the petition for review as to petitioners’ asylum claims.

Substantial evidence supports the agency’s finding that the mistreatment of Pentecostal Christians in Mexico was…

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