FILED NOT FOR PUBLICATION NOV 20 2019 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT IMER SANCHEZ-ISLAS, AKA Imer Islas No. 14-73912 Sanchez, Agency No. A200-151-412 Petitioner, v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted June 3, 2019** Seattle, Washington Before: D.W. NELSON, RAWLINSON, and BEA, Circuit Judges. Petitioner Imer Sanchez-Islas, a native and citizen of Mexico, petitions for review of the decision of the Board of Immigration Appeals (BIA) dismissing his * 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). appeal of the denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). We review the BIA’s legal conclusions, such as timeliness determinations resting on undisputed facts, de novo. See Sumolang v. Holder, 723 F.3d 1080, 1083 (9th Cir. 2013); see also Bringas-Rodriguez v. Sessions, 850 F.3d 1051, 1059 (9th Cir. 2017) (en banc). “We review the denial of asylum, withholding of removal, and CAT claims for substantial evidence. . . .” Duran-Rodriguez v. Barr, 918 F.3d 1025, 1028 (9th Cir. 2019) (citations omitted). Where, as here, the BIA reviewed the decision of the immigration judge (IJ) and incorporated portions of that decision, “we treat the incorporated parts of the IJ’s decision as the [BIA’s].” Parada v. Sessions, 902 F.3d 901, 909 (9th Cir. 2018) (citation and internal quotation marks omitted). The BIA did not err in concluding that Petitioner failed to establish any extraordinary circumstances or changes in country conditions to excuse his ten- year delay in requesting asylum. See Toj-Culpatan v. Holder, 612 F.3d 1088, 1090 (9th Cir. 2010) (affirming untimeliness determination where petitioner failed to demonstrate extraordinary circumstances to excuse the delay). Petitioner maintains that his lack of knowledge of asylum law and procedure prevented him from filing in a timely manner. However, ignorance of a form of immigration relief is not an 2 extraordinary circumstance that excuses failure to comply with its requirements. See Antonio-Martinez v. I.N.S., 317 F.3d 1089, 1093 (9th Cir. 2003). We therefore deny Petitioner’s asylum claim.1 See Toj-Culpatan, 612 F.3d at 1090. Turning to Petitioner’s withholding of removal claim, substantial evidence supports the BIA’s determination that the harm Petitioner suffered in Mexico did not rise to the level of persecution. Petitioner admitted that he did not experience any physical harm, and has not shown that the murders of his brother and sister-in- law were “part of a pattern of persecution closely tied to” Petitioner himself, as we require. Wakkary v. Holder, 558 F.3d 1049, 1060 (9th Cir. 2009). Substantial evidence also supports the BIA’s determination that Petitioner failed to show a sufficient individualized risk of future persecution. See Nagoulko v. I.N.S., 333 F.3d 1012, 1018 (9th Cir. 2003) (rejecting speculation ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals