Silthia Jimenez Rodriguez v. Loretta E. Lynch

MEMORANDUM

Silthia Jacquelin Jimenez Rodriguez, a native and citizen of Honduras, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“U”) 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 for substantial evidence the agency’s factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We dismiss in part and deny in part the petition for review.

In denying Jimenez Rodriguez’s asylum and withholding of removal claims, the BIA relied on the social group, “individuals fearing drug violence,” identified by the IJ. In her notice of appeal to the BIA, Jimenez Rodriguez failed to contest the IJ’s formulation of this social group or identify an alternative proposed social group. We lack jurisdiction to review the particular social group Jimenez Rodriguez presents for the first time in her opening brief. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004). Substantial evidence supports the agency’s conclusion that Jimenez Rodriguez failed to establish…