Juan Morales-Tonoc v. Eric H. Holder Jr.

MEMORANDUM

Juan Pablo Morales-Tonoc, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law and for substantial evidence factual findings. See Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review Morales-Tonoc’s contentions of persecution on account of his membership in a particular social group of indigenous persons or of a pattern or practice of persecution against indigenous people in Guatemala because he failed to raise these claims to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (no jurisdiction over claims not presented below).

Morales-Tonoc contends that he and his family suffered various incidents of violence and threats by guerrillas in Guatemala. Substantial evidence supports the BIA’s determination that Morales-Tonoc did not establish a nexus…