Case: 15-60395 Document: 00513708769 Page: 1 Date Filed: 10/06/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 15-60395 FILED
Summary Calendar October 6, 2016
Lyle W. Cayce
Clerk
GUADALUPE ORTIZ-SANDOVAL,
Petitioner
v.
LORETTA LYNCH, U. S. ATTORNEY GENERAL,
Respondent
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A077 180 164
Before DAVIS, SOUTHWICK, and HIGGINSON, Circuit Judges.
STEPHEN A. HIGGINSON, Circuit Judge: *
Guadalupe Ortiz-Sandoval petitions this court to review the
administrative reinstatement of her prior order of removal. She challenges the
determination by the immigration judge under 8 C.F.R. § 208.31 that she
lacked a reasonable fear of persecution or torture in Mexico. According to
Ortiz-Sandoval, she showed under § 208.31(c) that she belonged to a particular
social group comprised of her family members. She did not exhaust this claim
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 15-60395 Document: 00513708769 Page: 2 Date Filed: 10/06/2016
No. 15-60395
administratively, however, and we lack jurisdiction to consider it. See 8 U.S.C.
§ 1252(d)(1); Hernandez-De La Cruz v. Lynch, 819 F.3d 784, 786 (5th Cir.
2016).
Additionally, because the underlying order of removal rests on Ortiz-
Sandoval’s prior conviction for an aggravated felony under 8 U.S.C.
§ 1227(a)(2)(A)(iii), we lack jurisdiction to consider her challenge to the finding
that she failed to show a link between the Zetas and Mexican public officials
as required to show torture under 8 C.F.R. § 208.18(a)(1). See § 1252(a)(2)(C);
Hernandez-De La Cruz, 819 F.3d at 786-87. We need not reach her challenge
to the alternate determination that a fear of being killed is not a fear of torture.
The petition for review is DISMISSED.
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