Lorena Herrera Castillo v. Eric H. Holder Jr.

MEMORANDUM

Lorena Herrera Castillo, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s (“U”) 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 for substantial evidence the agency’s factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and we review for abuse of discretion the denial of a motion for 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 Herrera Castillo’s unexhausted contention that she is a member of a particular social group that refuses to support the guerrillas and gangs. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (this court lacks jurisdiction to review contentions not raised before the BIA). Substantial evidence supports the agency’s finding that Herrera Castillo failed to demonstrate she was or will be harmed by guerrillas or gang members on account of a protected ground.…