Diaz

Diaz v. Mukasey

Good Law
284 F. App'x 390
United States Court of Appeals for the Ninth CircuitJune 30, 2008No. 05-77199California385 words

Opinion

Lead Opinion

MEMORANDUM **

Ernesto Panduro Diaz, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order affirming an Immigration Judge’s (“IJ”) denial from his application 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, Boer-Sedano v. Gonzales, 418 F.3d 1082, 1087 (9th Cir.2005), and we deny the petition for review.

We hold that the IJ’s finding that the asylum claim was not timely filed is supported by substantial evidence. The IJ found that, even if Diaz established changed circumstances, Diaz still did not file his asylum application within a reasonable time. On review of the record, a reasonable fact finder would not be-compelled to find that Diaz’s nearly two and a half year delay in filing was reasonable. See Husyev v. Mukasey, 528 F.3d 1172, 1182 (9th Cir.2008) (finding that applying 364 days after a nonimmigrant visa had expired was not reasonable to excuse a delay due to extraordinary circumstances). Moreover, the record does not compel the conclusion that extraordinary circumstances excuse the…

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