NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

ROSENDO OBREGON

- LUNA,

Petitioner,

v. JEFFERSON B. SESSIONS III, Attorney General, Respondent. No. 17

- 71380 Agency No. A087

- 747

- 617

MEMORANDUM *

On Petition for Review of an Order of the Board of Immigration Appeals Submitted April 11, 2018 **
Before: SILVERMAN, PAEZ, and OWENS, Circuit Judges. Rosendo Obregon

- Luna, a native and citizen of Mexico, petitions for review of the Board of Immigra tion Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have

* 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). 

# FILED

APR 13 2018 MOLLY C. DWYER, CLER K U.S. COURT OF APPEAL S2 17

- 71380

jurisdiction under 8 U.S.C. § 1252. We revi ew de novo constitutional claims and questions of law

. Mohammed v. Gonzales , 400 F.3d 785, 791

- 92 (9th Cir. 2005).
We review for substantial evidence the agency’s factual findings. Silaya v. Mukasey , 524 F.3d 1066, 107 0 (9th Cir. 2008)

. We deny the petition for review. Obregon

- Luna has not shown an egregious circumstance that would warrant withdrawal of his pleadings, where he failed to show that his prior counsel’s performance was deficient. See Santiago

- Rodriguez v. Holder , 657 F.3d 820, 830

- 3 2 (9th Cir. 2011) (absent egregious circumstances, an attorney’s admission or concession is binding on an alien) ; Mohammed , 400 F.3d at 793 (to prevail on an
ineffective a ssistance of counsel claim, a petitioner must demonstrate that counsel failed to perform with sufficient competence and that he was prejudiced by counsel’s performance); Torres

- Chavez v. Holder , 567 F.3d 1096, 11 01

- 02 (9th Cir. 2009) (counsel’s tactical de cision was not ineffective assistance of counsel)

. Substantial evidence supports th e agency’s determination that Obregon

- Luna failed to show changed circumstances to excuse his untimely asylum application , where he failed to show how the recent extortion of his brother materially affect ed his eligibility for asylum. See 8 U.S.C. § 1158(a)(2)(D) ; Vahora v. Holder , 641 F.3d 1038, 1042 (9th Cir. 2011) ( an alien may qualify for an exception to the filing
deadline if he demonstrates the exi stence of changed circumstances which materially affect hi s eligibility for asylum )

.3 17

- 71380

Substantial evidence supports the agency’s denial of withholding of removal, where Obregon

- Luna failed to show a nexus to a protected ground. See
Zetino v. Holder , 622 F.3d 1007, 1016 (9th Cir. 2010)

. Substantial evidence supports the agency’s denial of relief under CAT , where Obregon

- Luna failed to establish it is more likely than not he would be tortured by or with the conse nt or acquiescence of the Mexican government. See Silaya , 524 F.3d at 1073

. The record does not support Obregon

- Luna’s contention that the agency failed to consider legal arguments or sufficiently explain its reasoning. See Najmabadi v. Holder , 597 F.3d 983, 990 (9th Cir. 2010) (the agency must consider the issues raised and express its decision “in terms sufficient to enable a reviewing court to perceive that it has heard and thought and not merely reacted” (citation
and internal quotation marks omitted))

. PETIT ION FOR REVIEW DENIED.