NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS AUG 23 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARCELA CASTRO-ROJAS, No. 15-71631
Petitioner, Agency No. A205-720-836
v.
MEMORANDUM*
MERRICK B. GARLAND, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 17, 2022**
Before: S.R. THOMAS, PAEZ, and LEE, Circuit Judges.
Marcela Castro-Rojas, a native and citizen of Costa Rica, petitions pro se for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal
from an immigration judge’s (“IJ”) decision denying her applications for asylum,
withholding of removal, and protection under the Convention Against Torture
*
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).
(“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252. We deny in part and
dismiss in part the petition for review.
As to asylum and withholding of removal, Castro-Rojas does not challenge
the agency’s dispositive determination that she failed to establish harm that was or
would be on account of a statutorily protected ground. See Martinez-Serrano v.
INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not specifically raised and
argued in a party’s opening brief are waived). As to CAT protection, Castro-Rojas
does not challenge the agency’s denial of her claim. See id.
We lack jurisdiction to review Castro-Rojas’ contentions regarding new
claims and evidence because she did not raise them before the agency. See Barron
v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004) (no subject-matter jurisdiction
over claims not presented in administrative proceedings below).
Castro-Rojas’ request to remand, included in her opening brief, is denied.
The temporary stay of removal remains in place until the mandate issues.
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 15-71631