History
  • No items yet
midpage
Estuardo Perez-Aldana v. Loretta E. Lynch
670 F. App'x 936
| 9th Cir. | 2016
|
Check Treatment
|
Docket

*1 Before: LEAVY, BERZON, and MURGUIA, Circuit Judges.

Estuardo Antonio Perez-Aldana, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We *2 review for substantial evidence the agency’s factual findings. Zehatye v. Gonzales , 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny the petition for review.

The record does not compel the conclusion that Perez-Aldana established extraordinary circumstances to excuse his untimely-filed asylum application. See 8 C.F.R. § 1208.4(a)(5). Thus, we deny the petition for review as to Perez-Aldana’s asylum claim.

Substantial evidence supports the BIA’s determination that Perez-Aldana failed to establish past persecution or a likelihood of future persecution on account of an enumerated ground. See Parussimova v. Mukasey , 555 F.3d 734, 740 (9th Cir. 2009) (the REAL ID Act “requires that a protected ground represent ‘one central reason’ for an asylum applicant’s persecution”). Thus, Perez-Aldana’s withholding of removal claim fails.

PETITION FOR REVIEW DENIED.

2 14-71347

[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

[**] The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

Case Details

Case Name: Estuardo Perez-Aldana v. Loretta E. Lynch
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Nov 21, 2016
Citation: 670 F. App'x 936
Docket Number: 14-71347
Court Abbreviation: 9th Cir.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.