NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS NOV 21 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ESTUARDO ANTONIO PEREZ- No. 14-71347
ALDANA,
Agency No. A095-675-986
Petitioner,
v. MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 16, 2016**
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
*
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).
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