Juan Herrera-Cabeza v. Eric Holder, Jr.

MEMORANDUM

Juan Jose Herrera-Cabeza, a native and citizen of El Salvador, 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 and withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, applying the standards governing adverse credibility determinations created by the REAL ID Act. Shrestha v. Holder, 590 F.3d 1034, 1039-40 (9th Cir.2010). We review for abuse of discretion the agency’s denial of a motion to remand. Movsisian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir.2005). We deny the petition for review.

We lack jurisdiction to consider Cabeza’s past persecution claim because he did not raise it to the agency. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004) (no jurisdiction over legal claims not presented in administrative proceedings below). Further, Herrera-Cabeza does not raise any challenge to the agency’s dispositive finding that he failed to demonstrate a well-founded fear of persecution, where he returned to El Salvador and lived without harm for over three years.…