David Juarez v. Jefferson Sessions

693 F. App'x 668

• Court: Court of Appeals for the Ninth Circuit
• Decided: July 17, 2017
• Docket: 13-72779
• Status: Unpublished

Opinion

MEMORANDUM **

David Juarez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss in part and deny in part the petition for review.

The agency found Juarez did not establish eligibility for asylum on the basis of having either soldiers or guerillas attempt to recruit him in El Salvador. We lack jurisdiction to consider the contention Juarez raises for the first time in his opening brief that he was or- would be persecuted as a member of a particular social group of children who refused conscription. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004) (petitioner must exhaust claims in administrative proceedings below).

Apart from his social group argument, Juarez does not otherwise challenge the agency’s reasons for denying his asylum claim. Thus, we deny the petition for review.

PETITION FOR REVIEW DisMISSED in part; DENIED in part.

** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3..