Hector Umanzor-Aguilar v. Eric Holder, Jr.

MEMORANDUM

Ana Lidia Bolanos-Salinas, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for asylum and withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We dismiss in part and grant in part the petition for review, and we remand.

We lack jurisdiction to review Bolanos-Salinas’s contentions regarding the gender-based social group she raises in her opening brief because she did not raise them to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004).

With respect to Bolanos-Salinas’s informant-based social group, in denying her asylum and withholding of removal claims, the agency found Bolanos-Salinas failed to establish past persecution or a fear of future persecution on account of a protected ground. When the IJ and BIA issued their decisions in this case, they did not have the benefit of this court’s decisions in Henriquez-Rivas v. Holder, 707 F.3d 1081 (9th Cir.2013) (en banc), Cordoba v. Holder, 726 F.3d 1106 (9th Cir.2013), and Pirir-Boc v. Holder, 750 F.3d 1077 (9th Cir.2014), or the BIA’s…