Luis Tomas MENDEZ, Petitioner, v. Jefferson B. SESSIONS III, Attorney General, Respondent, 687 F. App'x 633

MEMORANDUM Luis Tomas Mendez, a native and citizen of Guatemala, petitions, for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application 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. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny the petition for review. The record does not compel the conclusion that Mendez established any changed or extraordinary circumstances to excuse his untimely asylum application.

See 8 C.F.R. §§ 1208.4(a)(4), (5); see also Toj-Culpatan v. Holder, 612 F.3d 1088, 1091-92 (9th Cir. 2010), We reject Mendez’s contention that the BIA erred in its analysis. Thus, we deny the petition for review as to Mendez’s asylum claim. Substantial evidence supports the agency’s determination that Mendez failed to establish past persecution or a clear probability of future persecution in Guatemala on account of a protected ground. See Zetino v.

Holder, 622 F.3d 1007, 1016 (9th Cir. 2010) (“An [applicant’s] desire to be free from harassment by criminals motivated by theft or random violence by gang members bears no nexus to a protected ground.”). Thus, his withholding of removal claim fails. PETITION FOR REVIEW DENIED. This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.