Gonzalez-Rodriguez

Gonzalez-Rodriguez v. Holder

Good Law
325 F. App'x 608
United States Court of Appeals for the Ninth CircuitMay 22, 2009No. 07-74308California268 words

Opinion

Lead Opinion

MEMORANDUM **

Adolfo Gonzalez-Rodriguez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Santos-Lemus v. Mukasey, 542 F.3d 738, 742 (9th Cir.2008). We dismiss in part and deny in part the petition for review.

We dismiss the petition as to Gonzalez-Rodriguez’s asylum and withholding of removal claims because the particular social group he asserts to the court is different from the social group he argued to the BIA, such that his claim is unexhausted, see Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004), and Gonzalez-Rodriguez has waived any other challenge to the agency’s nexus finding, see Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996).

We lack jurisdiction to review Gonzalez-Rodriguez’s contention regarding ineffective assistance of counsel because he failed to raise that issue before the BIA. See Ontiveros-Lopez v. INS, 213…

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