Erick Franklin Bautista-Lopez v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ERICK FRANKLIN BAUTISTA-LOPEZ,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 12-70003
Agency No. A095-757-692
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 22, 2015**
Before: HAWKINS, GRABER, and W. FLETCHER, Circuit Judges.
Erick Franklin Bautista-Lopez, a native and citizen of El Salvador, petitions
pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing
his appeal from an immigration judge’s (“IJ”) decision denying his application for
asylum, withholding of removal, and protection under the Convention Against
* 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).
FILED
JUL 1 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 12-70003
Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review de
novo questions of law, and for substantial evidence the agency’s factual findings,
Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir. 2009). We deny the petition
for review.
The record does not compel the conclusion that Bautista-Lopez established
changed or extraordinary circumstances to excuse the untimely filing of his asylum
application. See 8 C.F.R. §§ 1208.4(a)(4), (5); see also Ramadan v. Gonzales,
479 F.3d 646, 656-58 (9th Cir. 2007) (per curiam). Thus, we deny the petition as
to Bautista-Lopez’s asylum claim.
Substantial evidence also supports the agency’s finding that Bautista-Lopez
failed to establish the government of El Salvador was unwilling or unable to
control the gangs. See Truong v. Holder, 613 F.3d 938, 941-942 (9th Cir. 2010)
(per curiam). Thus, Bautista-Lopez’s withholding of removal claim fails.
Finally, substantial evidence supports the agency’s denial of CAT relief
because Bautista-Lopez failed to establish it is more likely than not that he would
be tortured by or with the consent or acquiescence of the government if returned to
El Salvador. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008).
PETITION FOR REVIEW DENIED.

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