Guerrero-Hernandez

MEMORANDUM **

Antonio Guerrero-Hernandez, a native and citizen of Mexico, petitions for review of a final decision by the Board of Immigration Appeals (BIA) adopting an Immigration Judge’s (IJ) denial of his request for asylum, withholding of removal, and Convention Against Torture relief. We deny the petition for review.

DISCUSSION

Guerrero-Hernandez testified in support of his requests for relief that Mexico City officials threatened, jailed and beat him on account of his political activities. The IJ fully credited the testimony and determined such mistreatment “was serious enough to rise to level of persecution” for purposes of assessing eligibility for relief from removal. The IJ ruled, however, that Guerrero-Hernandez was not eligible for relief because the evidence indicated he could locate elsewhere in Mexico and not be subjected to persecution.

We first address the Attorney General’s contention that we lack jurisdiction to review Guerrero-Hernandez’s claims for withholding of removal, Convention Against Torture relief, and humanitarian asylum because Guerrero-Hernandez did not raise those claims on appeal to the BIA. The failure to raise an issue on appeal to the BIA…