Darwin Mazariegos-Diaz v. Loretta E. Lynch

MEMORANDUM

Darwin Mazariegos-Diaz, a Guatemalan citizen, petitions for review of the Board of Immigration Appeals’ denial of his untimely motion to reopen. We have jurisdiction pursuant to 8 U.S.C. § 1252 (a). We DISMISS in part and DENY in part the petition.

Mazariegos-Diaz did not. make the first of the arguments he articulates now in his motion to reopen before the BIA: that he is an unaccompanied alien child as that term is defined by the Trafficking Victims Protection Reauthorization Act because he was ten years old when his mother applied for asylum and therefore his asylum application must be adjudicated in the first instance by the United States Citizenship and Immigration Services. Because the argument is unexhausted, this court lacks jurisdiction to consider it, Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004), and that aspect of the petition for review is DISMISSED.

We do have jurisdiction to consider Ma-zariegos-Diaz’s other arguments: that US- CIS must adjudicate his current asylum application under the TVPRA because, notwithstanding the fact that Mazariegos-Diaz was twenty years old when he filed •his current asylum application, he was ten years old when…