Omidire
Omidire v. Mukasey
Opinion
lead Opinion
MEMORANDUM **
Oluwagbolade Olatunde Omidire, a native and citizen of Nigeria, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal from an Immigration Judge’s (“IJ”) denial of his application for asylum and withholding of removal, and request for relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence and will uphold the BIA’s decision unless the evidence compels a contrary conclusion. INS v. Elias-Zacarias, 502 U.S. 478, 481, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition.
The record does not compel the conclusion that the untimely filing of the asylum application should be excused. See 8 C.F.R. § 208.4 (a)(5).
Substantial evidence supports the IJ’s determination that Omidire failed to establish eligibility for withholding of removal. The evidence that Omidire presented does not compel a finding that future persecution is an objectively reasonable possibility. See Nahrvani v. Gonzales, 399 F.3d 1148, 1154 (9th Cir.2005). Similarly, Omidire failed to substantiate his claim that he would be unable to obtain medicine for his high blood…