Maria Aguirre Jimenez v. Eric H. Holder Jr.

MEMORANDUM

Maria Francisca Aguirre Jimenez, a native and citizen of Guatemala, petitions for review from the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for asylum, withholding of removal, relief under the Convention Against Torture (“CAT”), and cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law and review for substantial evidence factual findings. Husyev v. Mukasey, 528 F.3d 1172, 1177 (9th Cir.2008). We dismiss in part, grant in part, and remand the petition for review.

We lack jurisdiction to review the agency’s discretionary determination that Aguirre Jimenez failed to show exceptional and extremely unusual hardship to her United States citizen son. See 8 U.S.C. § 1252 (a)(2)(B); Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005).

The BIA failed to address Aguirre Jimenez’s contention on appeal that extraordinary circumstances excused the untimely filing of her asylum application. See Moreno-Morante v. Gonzales, 490 F.3d 1172 , 1173 n. 1 (9th Cir.2007) (general argument in brief to BIA is sufficient to put BIA on…