Transito Portillo-Duran v. Loretta E. Lynch

FILED NOT FOR PUBLICATION APR 27 2015 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT TRANSITO PORTILLO-DURAN, No. 10-73309 Petitioner, Agency No. A095-024-689 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted April 22, 2015** Before: GOODWIN, BYBEE, and CHRISTEN, Circuit Judges. Transito Portillo-Duran, a native and citizen of El Salvador, 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 * 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). withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss the petition for review. The IJ denied Portillo-Duran’s withholding of removal claim on the basis that he failed to demonstrate a nexus to race, religion, political opinion, or other protected ground. The BIA found that, in his counseled appeal, Portillo-Duran did not challenge the IJ’s nexus finding. Thus, we lack jurisdiction over any challenge to the IJ’s nexus finding. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004) (this court lacks jurisdiction to review contentions not raised before the BIA). PETITION FOR REVIEW DISMISSED. 2 10-73309