NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 19 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
LUIS TOMAS MENDEZ, No. 14-73560
Petitioner, Agency No. A088-890-561
v.
MEMORANDUM *
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 11, 2017**
Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.
Luis Tomas Mendez, 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 review for
*
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).
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 Mendez established any
changed or extraordinary circumstances to excuse his untimely asylum application.
See 8 C.F.R. §§ 1208.4(a)(4), (5); see also Toj-Culpatan v. Holder, 612 F.3d 1088,
1091-92 (9th Cir. 2010). We reject Mendez’s contention that the BIA erred in its
analysis. Thus, we deny the petition for review as to Mendez’s asylum claim.
Substantial evidence supports the agency’s determination that Mendez failed
to establish past persecution or a clear probability of future persecution in
Guatemala on account of a protected ground. See Zetino v. Holder, 622 F.3d 1007,
1016 (9th Cir. 2010) (“An [applicant’s] desire to be free from harassment by
criminals motivated by theft or random violence by gang members bears no nexus
to a protected ground.”). Thus, his withholding of removal claim fails.
PETITION FOR REVIEW DENIED.
2 14-73560