Luis Ordaz-Leyva v. Loretta E. Lynch

608 F. App'x 511

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 25, 2015
• Docket: 13-70943
• Status: Unpublished

Opinion

MEMORANDUM **

Luis Miguel Ordez-Leyya, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings. Zetino v. Holder, 622 F.3d 1007, 1011-12 (9th Cir.2010). We deny in part and dismiss in part the petition for review.

The record does not compel the conclusion that Ordaz-Leyva established changed or extraordinary circumstances to excuse his untimely asylum application. See 8 C.F.R. §§ 1208.4(a)(4), (5); see also Ramadan v. Gonzales, 479 F.3d 646, 657-58 (9th Cir.2007) (per curiam). Thus, we deny the petition as to Ordaz-Leyva’s asylum claim. In light of this dispositive determination, we reject Ordaz-Leyva’s request for a remand based on Henriquez-Rivas v. Holder, 707 F.3d 1081 (9th Cir.2013).

Ordaz-Leyva does not challenge the BIA’s finding that he waived any challenge to the IJ’s denial of his withholding of removal and CAT claims. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996). We lack jurisdiction to consider Ordaz-Leyva’s contentions regarding withholding of removal and CAT, because he failed to raise these claims before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004).

Finally, we lack jurisdiction to review Ordaz-Leyva’s challenge to the agency’s discretionary denial of voluntary departure. See 8 U.S.C. §§ 1252(a)(2)(B), 1229c(f); Gil v. Holder, 651 F.3d 1000, 1006 (9th Cir.2011).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.