141936P.pdf   03/10/2015  Carlos Chilel  v.  Eric H. Holder, Jr.
   U.S. Court of Appeals Case No:  14-1936
   Petition for Review of an Order of the Board of Immigration Appeals   
   [PUBLISHED] [Kelly, Author, with Bye and Smith, Circuit Judges] 
   Petition for Review - Immigration. When an IJ has determined that the 
   untimeliness of an applicant's asylum application was not excused by 
   exceptional circumstances or changed conditions within the meaning of 8 
   U.S.C. Sec. 1158(a)(2)(D), the court lacks jurisdiction to review the 
   applicant's asylum claim; with respect to petitioner's application for 
   withholding of removal, he failed to show that he was a member of a 
   particular social group, as his claim that he was part of a social group 
   made up of individuals who suffer gang violence did not qualify him as a 
   member of a particular social group; claim that he was also subject to 
   persecution because he is a member of the Mam ethnic group was raised for 
   the first time in this petition and would not be considered; claim that 
   the IJ was required to develop the record because petitioner spoke both in 
   Spanish and Mam rejected as it was not raised before the BIA and was not 
   exhausted; petitioner failed to present a case of willful non-intervention 
   by law enforcement sufficient to meet CAT requirements.