Jose Maltez Padilla v. Loretta E. Lynch

MEMORANDUM

Jose Santos Maltez Padilla, a native and citizen of Nicaragua, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s 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 dismiss in part and deny the petition for review.

Maltez Padilla attached several documents to his opening brief and his filing of May 15, 2015, some of which were not in the administrative record. We do not consider the extra-record documents because our review is limited to the record underlying the agency’s decision. See Fisher v. INS, 79 F.3d 955, 968 (9th Cir.1996) (en banc). Further, to the extent Maltez Padilla is asking for prosecutorial discretion in his filing of May 15, 2015, we lack jurisdiction over such a request. See Vilchiz-Soto v. Holder, 688 F.3d 642, 644 (9th Cir.2012) (order).

Maltez Padilla does not raise any challenge to the BIA’s dispositive finding that he is ineligible for asylum and withholding of removal on the ground that his 2009 conviction is a per se particularly…