Maura Orozco-Castellanos v. William Barr

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 23 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT MAURA ALICIA OROZCO- No. 18-70965 CASTELLANOS, Agency No. A070-947-349 Petitioner, v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted September 18, 2019** Before: FARRIS, TASHIMA, and NGUYEN, Circuit Judges. Maura Alicia Orozco-Castellanos, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252. We deny in part and dismiss in part the petition for review. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). We do not consider Orozco-Castellanos’s contentions regarding due diligence, where the BIA did not make a determination regarding diligence. See Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010) (the court’s review is limited to the actual grounds relied upon by the BIA). We lack jurisdiction to consider Orozco-Castellanos’s unexhausted contentions regarding her reason for failing to depart pursuant to the immigration judge’s grant of voluntary departure and what actions her former non-attorney counsel failed to take. 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 18-70965