Ismael Arias-Osuna v. Eric Holder, Jr.

Good Law
598 F. App'x 523
United States Court of Appeals for the Ninth CircuitMarch 18, 201513-71096California390 words

Opinion

Opinion

MEMORANDUM

Ismael Arias-Osuna, a native and citizen of Mexico, petitions 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 protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings and de novo claims of due process violations. Zetino v. Holder, 622 F.3d 1007, 1011-12 (9th Cir.2010). We dismiss in part and deny in part the petition for review.

Our review is limited to the administrative record, so we do not consider the materials referenced in and attached to Arias-Osuna’s opening brief that were not part of the record before the agency. See Fisher v. INS, 79 F.3d 955, 963-64 (9th Cir.1996) (en banc).

We lack jurisdiction to consider any challenge Arias-Osuna makes to the agency’s dispositive finding that his asylum claim was time-barred, because he did not raise it to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004). Thus, we deny the petition as to his asylum claim.

Substantial evidence supports the BIA’s…

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