Maria Morales-Espana v. Loretta E. Lynch

MEMORANDUM

Maria Jose Morales-Espana, 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, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law and review for substantial evidence the agency’s factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny in part, dismiss in part, and grant in part the petition for review, and we remand.

The record does not compel the conclusion that Morales-Espana established changed or extraordinary circumstances to excuse the delay in filing her asylum application. See 8 C.F.R. § 1208.4 (a), (5); see also Husyev v. Mukasey, 528 F.3d 1172 ,-1181-82 (9th Cir.2008). Thus, we deny the petition for review with respect to asylum.

We lack jurisdiction to consider Morales-Espana’s contentions regarding CAT relief because she did not appeal the IJ’s denial of her CAT claim to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004). Thus, we dismiss the…