Esteban Berganza-Garcia v. Eric Holder, Jr.

MEMORANDUM

Esteban Berganza-Garcia, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his applications for cancellation of removal, asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We re view for substantial evidence the agency’s factual findings. 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 lack jurisdiction over Bergan-za-Garcia’s asylum and cancellation of removal claims because he failed to exhaust any challenges to the IJ’s conclusion that he is ineligible for these forms of relief due to his prior criminal convictions. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (this court lacks jurisdiction to review contentions not raised before the BIA). Accordingly, we dismiss Berganza-Garcia’s petition with respect to his asylum and cancellation of removal claims.

Substantial evidence supports the BIA’s conclusion that Berganza-Gareia was not harmed in Guatemala. See…