Edgar Magana v. Loretta E. Lynch

MEMORANDUM

Edgar Alam Magana’s motion to remand (Docket Entry No. 21) is denied. The 90-day stay of proceedings granted on February 4, 2016 has expired. Respondent’s motion to lift the stay of proceedings is denied as moot."

Magana, a native and citizen of El Salvador, 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 for substantial evidence the agency’s factual findings, Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir. 2008), and we review de novo due process contentions, Zetino v. Holder, 622 F.3d 1007, 1011 (9th Cir. 2010). We dismiss in part and deny in part the petition for review.

The agency found Magana failed to establish past persecution or a well-founded fear of future persecution on account of a protected ground. We lack jurisdiction to consider Magana’s contention that he was or will be persecuted .on account of his membership in a particular social group because he did not exhaust it before the agency, see…