Barrios-Jimenez

Barrios-Jimenez v. Keisler

Good Law
249 F. App'x 592
United States Court of Appeals for the Ninth CircuitOctober 1, 2007No. 06-71989California250 words

Opinion

Lead Opinion

MEMORANDUM ***

Albertino Julian Barrios-Jimenez, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from the Immigration Judge’s order denying his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”).

We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, INS v. Elias-Zacarias, 502 U.S. *593 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we deny the petition for review.

The record does not compel the conclusion that Barrios-Jimenez has shown either changed or extraordinary circumstances to excuse the untimely filing of his asylum application. See Ramadan v. Gonzales, 479 F.3d 646, 657-58 (9th Cir.2007) (per curiam); see also 8 C.F.R. § 1208.4 (a)(4), (5). Accordingly, we deny the petition for review as to Barrios-Jimenez’s asylum claim.

Substantial evidence also supports the BIA’s denial of the withholding of removal claim because Barrios-Jimenez failed to show that it is more likely than not that he will be persecuted in Guatemala on account of a protected ground. See Gui v. INS, 280 F.3d 1217, 1230 (9th…

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