Irwing Villazana Trujillo v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION AUG 20 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
IRWING MISAEL VILLAZANA No. 12-71395
TRUJILLO,
Agency No. A086-983-877
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 1, 2013 **
Before: GRABER, WARDLAW, and PAEZ, Circuit Judges.
Irwing Misael Villazana Trujillo, a native and citizen of Mexico, petitions
for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his
appeal from an immigration judge’s decision denying withholding of removal and
relief under the Convention Against Torture (“CAT”). We have jurisdiction under
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
8 U.S.C. § 1252. We review factual findings for substantial evidence, Zehatye v.
Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006), and we deny the petition for
review.
Substantial evidence supports the BIA’s decision that there is an absence of
changed or extraordinary circumstances to excuse the untimely filing of
Petitioner’s asylum application. See 8 C.F.R. § 1208.4(a)(4)-(5).
Substantial evidence also supports the BIA’s finding that there is no nexus
between Petitioner’s fear of future harm and a protected ground. See Delgado-
Ortiz v. Holder, 600 F.3d 1148, 1151-52 (9th Cir. 2010); Zetino v. Holder, 622
F.3d 1007, 1016 (9th Cir. 2010).
Finally, substantial evidence supports the denial of CAT relief because
Petitioner failed to establish that it is more likely than not that he would be tortured
if he returns to Mexico. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir.
2008).
PETITION FOR REVIEW DENIED.
2 12-71395