Hermes Vasquez-Aguirre v. Eric H. Holder Jr.

MEMORANDUM

Sean Bertulfo Jimenez, and his wife, Emee Salazar-Jimenez, natives and citizens of the Philippines, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law, Cerezo v. Mukasey, 512 F.3d 1163, 1166 (9th Cir.2008), except to the extent that deference is owed to the BIA’s determination of the governing statutes and regulations, Simeonov v. Ashcroft, 371 F.3d 532, 535 (9th Cir.2004). We review factual findings for substantial evidence. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We deny in part and dismiss in part the petition for review.

We do not reach petitioners’ challenge to the IJ’s denial of asylum on the merits, because petitioners failed to exhaust the IJ’s dispositive finding that their asylum application was time-barred.

We reject petitioners’ claim that they are eligible for withholding of removal based on Jimenez’s membership in a particular social group,…