Perez

Perez v. Mukasey

Good Law
277 F. App'x 695
United States Court of Appeals for the Ninth CircuitMay 6, 2008No. 05-73974California259 words

Opinion

Lead Opinion

MEMORANDUM **

Hector Enrique Josué Monroy Perez, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, see Ochoa v. Gonzales, 406 F.3d 1166, 1169 (9th Cir.2005), and we deny the petition for review.

The record does not compel the conclusion that the untimely filing of Monroy Perez’s asylum application should be excused due to changed or extraordinary circumstances. See 8 U.S.C. § 1158 (a)(2)(D); see also 8 C.F.R. § 208.4 (a)(4)-(5). Accordingly, we deny the petition as to his asylum claim.

Substantial evidence supports the IJ’s denial of withholding of removal because Monroy Perez failed to demonstrate that he was persecuted in the past, or that he will be persecuted in the future, on account of a protected ground. See Molino-Mor-ales v. INS, 237 F.3d 1048, 1052 (9th Cir. 2001); see also Arteaga v. Mukasey, 511 F.3d 940, 945-46 (9th Cir.2007); Ochoa, 406 F.3d at…

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