Crecencio Lopez-Diaz v. Eric H. Holder Jr.

MEMORANDUM

Ada Priscilla Vargas Romero, a native and citizen of Nicaragua, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from the immigration judge’s (“IJ”) decision denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings and review de novo its legal conclusions. Santos-Lemus v. Mukasey, 542 F.3d 738, 742 (9th Cir.2008). We deny the petition for review.

Vargas Romero does not challenge the agency’s finding that she failed to show past persecution. We lack jurisdiction to consider Vargas Romero’s request for humanitarian relief because she did not raise this claim to the IJ or BIA. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004). Accordingly, her asylum claim fails.

Substantial evidence supports the agency’s finding that Vargas Romero failed to establish a well-founded fear of future persecution on account of a protected ground. See Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir.2003); INS v. Elias-Zacarias, 502 U.S. 478 , 481 & n. 1, 112 S.Ct.…