Roberto Najera-Lara v. Eric Holder, Jr.

MEMORANDUM

Alvaro Garcia-Jimenez, 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 decision denying his 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 factual findings for substantial evidence, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and we dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the BIA’s finding that Petitioner’s asylum application was untimely filed, because he failed to exhaust his arguments regarding the exceptions to the time bar. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004).

Substantial evidence supports the BIA’s denial of withholding of removal, because any harm that occurred had no nexus to a protected ground. See Barrios v. Holder, 581 F.3d 849, 854-56 (9th Cir.2009); Ramos-Lopez v. Holder, 563 F.3d 855, 858-62 (9th Cir.2009). We lack jurisdiction to consider Petitioner’s argument regarding successful families as a social group because he failed to exhaust that…