Fakalawa
Fakalawa v. Mukasey
Opinion
Lead Opinion
MEMORANDUM **
Sera Fakalawa, a native and citizen of Fiji, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“U”) decision denying her application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence, see INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we deny the petition.
The record does not compel the conclusion that Fakalawa has shown extraordinary circumstances to excuse the untimely filing of her asylum application. See Ramadan v. Gonzales, 479 F.3d 646, 656-58 (9th Cir.2007); see also 8 C.F.R. § 208.4 (a)(5). Accordingly, we deny the petition as to Fakalawa’s asylum claim.
Because Fakalawa testified that she only fears a life of poverty if she were to return to Fiji, substantial evidence supports the IJ’s and BIA’s conclusion that *575 Fakalawa did not establish a clear probability of persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1185 (9th Cir.2003). Accordingly, Fakalawa’s withholding of removal claim is denied.