Elsa Hernandez-Palma v. Eric Holder, Jr.

MEMORANDUM

Elsa Consuelo Hernandez-Palma, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) 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 de novo questions of law and for substantial evidence factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny in part and dismiss in part the petition for review.

The record does not compel the conclusion that Hernandez-Palma established changed or extraordinary circumstances excusing her late filing. See 8 C.F.R. § 1208.4 (a)(4), (5). Accordingly, we deny the petition as to her asylum claim.

We lack jurisdiction to review Hernandez-Palma’s contentions that she is a member of two particular social groups because she failed to raise these issues to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004). In addition, we do not consider the new allegations and documentary evidence in Hernandez-Palma’s opening brief because our review is limited to…