Opinion
No. 11-71754 Agency No. A095-684-770
2013-10-22
MIGUEL ANGEL GARCIA-CASTRO, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
On Petition for Review of an Order of the
Board of Immigration Appeals
Before: FISHER, GOULD, and BYBEE, Circuit Judges.
Miguel Angel Garcia-Castro, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals' ("BIA") order summarily affirming an immigration judge's removal order. Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo questions of law. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny in part and dismiss in part the petition for review.
In his opening brief, Garcia-Castro fails to address, and therefore has waived any challenge to, the BIA's determination that he is ineligible for asylum, withholding of removal, and relief under the Convention Against Torture. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-1080 (9th Cir. 2013) (issues not specifically raised and argued in a party's opening brief are waived).
We lack jurisdiction to review Garcia-Castro's contention regarding his eligibility for relief under the Nicaraguan Adjustment and Central American Relief Act because he failed to raise that issue before the BIA and thereby failed to exhaust his administrative remedies. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir. 2010) ("We lack jurisdiction to review legal claims not presented in an alien's administrative proceedings before the BIA.").
PETITION FOR REVIEW DENIED in part; DISMISSED in part.