Lopez-Palacios

Lopez-Palacios v. Keisler

Good Law
249 F. App'x 604
United States Court of Appeals for the Ninth CircuitOctober 1, 2007No. 05-73334California276 words

Opinion

Lead Opinion

MEMORANDUM ***

Cesar Lopez-Palacios, a native and citizen of Colombia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . Where, as here, the BIA adopts the decision of the IJ, we review the IJ’s decision as if it were that of the BIA. See Abebe v. Gonzales, 432 F.3d 1037, 1039 (9th Cir.2005) (en banc).

We have jurisdiction to review the IJ’s finding of no extraordinary or changed circumstances to excuse the untimely filing of Lopez-Palacios’ asylum application. The record does not compel the conclusion that Lopez-Palacios 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. § 208.4 (a)(4), (a)(5). Accordingly, we deny the petition for review as to Lopez-Palacios’ asylum claim.

Substantial evidence supports the IJ’s finding that Lopez-Palacios did not satisfy the standard for withholding of…

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