Marlon Cordon-Cordon v. Loretta E. Lynch

MEMORANDUM

Marlon Cordon-Cordon, a native and citizen of Guatemala, petitions pro se 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”), and from the BIA’s denial of his request for a continuance. 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 for abuse of discretion the denial of a continuance, Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir. 2008). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to consider Cordon-Cordon’s ineffective assistance of counsel claim. See Ontiveros-Lopez v. INS, 213 F.3d 1121, 1124 (9th Cir. 2000) (petitioner must exhaust administrative remedies by first presenting the issue to the BIA).

Cordon-Cordon does not challenge the agency’s denial of his asylum application as untimely. See Corro-Barragan v. Holder, 718 F.3d 1174 , 1177 n.5 (9th Cir. 2013) (failure to contest issue in opening brief resulted…