NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS DEC 14 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ANGEL ANTONIO DIAZ-MENDOZA, No. 20-70023 AKA Chayo Mendoza, Agency No. A205-386-378 Petitioner, v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted December 10, 2020** San Francisco, California Before: TALLMAN, MURGUIA, and CHRISTEN, Circuit Judges. Angel Diaz-Mendoza, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture * 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). (“CAT”). We have jurisdiction under 8 U.S.C. § 1252, and we dismiss in part and deny in part the petition for review. 1. Petitioner missed the filing deadline by seventeen years when he raised his asylum claim in defense of removal. The BIA did not err in finding that Petitioner failed to show “extraordinary circumstances” to justify his failure to file for asylum within one year of his 2002 entry into the United States. See 8 U.S.C. § 1158(a)(2)(B), (D). Petitioner’s testimony that his brother misinformed and dissuaded him from seeking asylum does not constitute an “extraordinary circumstance.” See Antonio-Martinez v. INS, 317 F.3d 1089, 1093 (9th Cir. 2003) (“As a general rule, ignorance of the law is no excuse . . . .”) (citation omitted). Further, Petitioner’s argument that his application delay was attributable to possible mental incompetency was rejected as unpersuasive by the BIA and thus presents a disputed issue of fact which we do not have jurisdiction to review. Gasparyan v. Holder, 707 F.3d 1130, 1134 (9th Cir. 2013) (“Where the underlying facts are disputed, . . . we lack jurisdiction to review the Board’s extraordinary circumstances determination.”) (citations omitted). Petitioner’s changed country conditions argument was not raised before the BIA, is therefore unexhausted, and for that reason is not within the scope of our review. Arrey v. Barr, 916 F.3d 1149, 1157 (9th Cir. 2019) (citation omitted). 2 2. The BIA did not abuse its discretion in determining that Petitioner was ineligible for withholding of removal because his prior felony assault conviction constituted a “particularly serious crime.” Our abuse of discretion review of a “particularly serious crime” determination “is limited to ensuring that the agency relied on the ‘appropriate factors’ and ‘[]proper evidence’ to reach this conclusion.” Avendano-Hernandez v. Lynch, 800 F.3d 1072, 1077 (9th Cir. 2015) (alteration in original) (citation omitted). “The applicable legal standard to determine if a crime is particularly serious . . . requires the agency to ask whether ‘the nature of the conviction, the underlying facts and circumstances and the sentence imposed justify the presumption that ...
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