FILED
NOT FOR PUBLICATION OCT 22 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MIGUEL ANGEL GARCIA-CASTRO, No. 11-71754
Petitioner, Agency No. A095-684-770
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 15, 2013**
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
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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.
2 11-71754