Luciano-Ramos

Luciano-Ramos v. Mukasey

Good Law
288 F. App'x 369
United States Court of Appeals for the Ninth CircuitJuly 30, 2008No. 07-72200California323 words

Opinion

Lead Opinion

MEMORANDUM **

Gerson Jose Luciano-Ramos, a native and citizen of Brazil, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . Reviewing for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), we deny in part and dismiss in part the petition for review.

The record does not compel the conclusion that Luciano-Ramos’ untimely filing of his asylum application should be excused due to changed or extraordinary circumstances. See 8 U.S.C. § 1158 (a)(2)(D); 8 C.F.R. § 208.4 (a)(4), (5).

Substantial evidence supports the agency’s denial of withholding of removal because Luciano-Ramos failed to establish that it is more likely than not that he will be persecuted on account of a protected ground if he returns to Brazil. See Elias-Zacarias, 502 U.S. at 481-82 , 112 S.Ct. 812 ; see also 8 C.F.R. § 1208.16 (b) (explaining that applicant for withholding of removal bears burden of showing…

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