Fajardo-Alvarado

Fajardo-Alvarado v. Mukasey

Good Law
285 F. App'x 388
United States Court of Appeals for the Ninth CircuitJuly 8, 2008No. 04-76359California496 words

Opinion

Lead Opinion

MEMORANDUM **

Adolfo Fajardo-Alvarado, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum and withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence and will uphold the IJ’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 review de novo due process claims. Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We review for abuse of discretion the denial of a motion to remand. Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We deny the petition for review.

The record does not compel the conclusion that Fajardo-Alvarado’s asylum application was timely filed or that the untimely filing of the asylum application should be excused. See 8 C.F.R. § 208.4 (a)(5); Ramadan v. Gonzales, 479 F.3d 646, 648, 656 (9th Cir.2007).

The record also does not compel the conclusion that Fajardo-Alvarado is entitled to withholding of removal because he has not shown that it is more…

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