Edwin Hernandez-Garcia v. Eric Holder, Jr.

MEMORANDUM

Edwin Hernandez-Garcia, a native and citizen of Honduras, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence factual findings, and review de novo questions of law. Zehatye v. Gonzales, 458 F.3d 1182, 1184-85 (9th Cir.2006). We dismiss in part, deny in part, and grant in part the petition for review.

Hernandez-Garcia’s motion for bond or release is denied. Hernandezr-Garcia may seek administrative remedies. See, e.g., Leonardo v. Crawford, 646 F.3d 1157, 1160 (9th Cir.2011).

Hernandez-Garcia’s motion for stay of removal was granted on September 7, 2012, so his second request for stay of removal is denied as moot. The stay remains in effect until the mandate issues in this case.

We lack jurisdiction to review Hernandez-Garcia’s contention that the IJ mis-characterized his testimony and failed to “engage” the evidence. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004)…