Reyna Teresa Torrentes-Cruz v. Immigration and Naturalization Service

91 F.3d 155 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Reyna Teresa TORRENTES-CRUZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 95-70875. United States Court of Appeals, Ninth Circuit. Submitted July 9, 1996. * Decided July 15, 1996. Before: HUG, Chief Judge, SCHROEDER and POOLE, Circuit Judges. 1 MEMORANDUM ** 2 Reyna Teresa Torrentes-Cruz petitions for review of a decision of the Bureau of Immigration Appeal (BIA) affirming an immigration judge's (IJ) denial of her application for asylum and withholding of deportation to Nicaragua. We deny the petition. 3 We first address the INS' contention that we lack jurisdiction because petitioner did not adequately present to the BIA the issues raised here. See Garberding v. I.N.S., 30 F.3d 1187 , 1188 n. 1 (9th Cir.1994) (failure to exhaust administrative remedies deprives the court of jurisdiction). By denying the INS' motion for summary dismissal, the BIA clearly concluded that petitioner…