NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT NOV 29 2012
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
ROGELIO MARQUEZ-CRUZ, No. 11-73199
Petitioner, Agency No. A089-854-359
v.
MEMORANDUM *
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted November 5, 2012
Seattle, Washington
Before: W. FLETCHER and FISHER, Circuit Judges, and DEARIE, District
Judge.**
Rogelio Marquez-Cruz petitions for review of the BIA’s denial of his
application for asylum, withholding of removal and relief under the Convention
Against Torture. We deny the petition.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The Honorable Raymond J. Dearie, Senior United States District Judge
for the Eastern District of New York, sitting by designation.
1. The BIA’s determination that Marquez did not file an asylum application
within a reasonable time given his changed circumstances is supported by
substantial evidence. Although the events giving rise to the changed circumstances
occurred in September and October 2008, Marquez failed to take any action to file
an asylum application until August 2009, after he was arrested for domestic assault
and removal proceedings were instituted against him. The evidence does not
compel the conclusion that his delay was reasonable. See INS v. Elias-Zacarias,
502 U.S. 478, 481 n.1 (1992) (“To reverse the BIA finding we must find that the
evidence not only supports [a contrary] conclusion, but compels it . . . .”).
2. Substantial evidence also supports the BIA’s determination that Marquez
has not shown a clear probability that he will be persecuted or tortured if he is
removed to Mexico. Given his family’s continued safety in Mexico following the
2008 incidents, the absence of any evidence that Marquez himself was targeted and
the BIA’s observation that there is no reason for the perpetrators of the 2008
crimes to believe that Marquez has any information on or affiliation with
Rogaciano Alva Alvarez, the record does not compel a conclusion contrary to that
reached by the BIA.
PETITION DENIED.
2