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Zuniga-Magallanes v. Garland

United States Court of Appeals, Ninth Circuit
Oct 20, 2022
No. 17-70137 (9th Cir. Oct. 20, 2022)

Opinion

17-70137

10-20-2022

JOSE MANUEL ZUNIGA-MAGALLANES, Petitioner, v. MERRICK B. GARLAND, Attorney General, Respondent.


NOT FOR PUBLICATION

Submitted October 12, 2022

On Petition for Review of an Order of the Board of Immigration Appeals Agency No. A205-011-229

Before: SILVERMAN, GRABER, and BENNETT, Circuit Judges.

MEMORANDUM [*]

Jose Manuel Zuniga-Magallanes, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals' ("BIA") order dismissing his appeal from an immigration judge's ("IJ") decision denying his application for withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence the agency's factual findings. Conde Quevedo v. Barr, 947 F.3d 1238, 1241 (9th Cir. 2020). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency's determination that Zuniga-Magallanes failed to establish he was or would be persecuted 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"). We reject as unsupported by the record Zuniga-Magallanes's contention that the agency failed to consider his family-based claim. Thus, his withholding of removal claim fails.

We lack jurisdiction to consider Zuniga-Magallanes's contentions that the IJ violated his right to due process and incorrectly interpreted the law because he failed to raise these issues before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004) (court lacks jurisdiction to review claims not presented to the agency).

The temporary stay of removal remains in place until the mandate issues.

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

[*] 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).


Summaries of

Zuniga-Magallanes v. Garland

United States Court of Appeals, Ninth Circuit
Oct 20, 2022
No. 17-70137 (9th Cir. Oct. 20, 2022)
Case details for

Zuniga-Magallanes v. Garland

Case Details

Full title:JOSE MANUEL ZUNIGA-MAGALLANES, Petitioner, v. MERRICK B. GARLAND, Attorney…

Court:United States Court of Appeals, Ninth Circuit

Date published: Oct 20, 2022

Citations

No. 17-70137 (9th Cir. Oct. 20, 2022)