631 F. App'x 475

Juan CONTRERAS-HERNANDEZ, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent.

No. 13-73140.

United States Court of Appeals, Ninth Circuit.

Submitted Jan. 20, 2016.*

Filed Jan. 26, 2016.

Diana M. Bailey, Law Office of Diana M. Bailey, Portland, OR, for Petitioner.

*476Elizabeth D. Kurlan, Trial, OIL, Juria L. Jones, Trial, U.S. Department of Justice, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel Department of Homeland Security San Francisco, CA, for Respondent.

Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.

MEMORANDUM**

Juan Contreras-Hernandez, a native and citizen of Mexico, petitions 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”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings. Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir.2008). We deny the petition for review.

The agency found the deteriorated health condition of Contreras-Hernandez’s brother and unspecified changes in asylum law did not constitute extraordinary or changed circumstances excusing the untimely application. The record does not compel the conclusion that Contreras-Her-' nandez established changed or extraordinary circumstances to excuse his untimely application for asylum, including humanitarian asylum. See 8 C.F.R. § 1208.4(a)(4),(5); see also Ramadan v. Gonzales, 479 F.3d 646, 657-58 (9th Cir.2007) (per curiam). Thus, we deny the petition for review as to Contreras-Hernandez’s asylum claims.

Substantial evidence supports the agency’s conclusion that Contreras-Hernandez failed to establish a nexus between any past or feared future harm and a protected ground. See Parussimova v. Mukasey, 555 F.3d 734, 740-41 (9th Cir.2009) (under the REAL ID Act, applicant must prove a protected ground is at least “one central reason” for persecution). Thus, we deny the petition as to Contreras-Hernandez’s withholding of removal claim.

Finally, substantial evidence supports the agency’s denial of Contreras-Hernandez’s CAT claim because he failed to establish it is more likely than not he would be tortured by or with the consent or acquiescence of the government if returned to Mexico. See Silaya, 524 F.3d at 1073.

PETITION FOR REVIEW DENIED.

Contreras-Hernandez v. Lynch
631 F. App'x 475

Case Details

Name
Contreras-Hernandez v. Lynch
Decision Date
Jan 26, 2016
Citations

631 F. App'x 475

Jurisdiction
United States

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!