DE GERVACIO AKA AKA v. SESSIONS III (2018)

MEMORANDUM **

Floroeliza Jubane De Gervacio and Ernesto Gervacio, natives and citizens of the Philippines, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s decision denying their applications for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings. Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir. 2008). We deny the petition for review.

The record does not compel the conclusion that petitioners established changed or extraordinary circumstances to excuse their untimely asylum applications. See 8 C.F.R. §§ 1208.4(a)(4), (5); Toj-Culpatan v. Holder, 612 F.3d 1088, 1091-92 (9th Cir. 2010). We reject as unsupported by the record the petitioners’ contention that the agency failed to conduct the correct analysis. Thus, petitioners’ asylum claims fail.

Substantial evidence supports the agency’s determination that petitioners failed to establish past persecution or that it is more likely than not they will be persecuted in the Philippines on account of a protected ground. See Mansour v. Ashcroft, 390 F.3d 667, 673 (9th Cir. 2004) (record did not demonstrate that petitioner had an objectively reasonable fear of future persecution); see also Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir. 2003) (possibility of future persecution too speculative). Thus, petitioners’ withholding of removal claims fail.

PETITION FOR REVIEW DENIED.