Eulalio Pablo-Mendoza v. Eric Holder, Jr.

MEMORANDUM

Petitioner Eulalio Pablo-Mendoza (Pablo-Mendoza) petitions for review of a decision from the Board of Immigration Appeals (BIA) denying his claims for asylum, withholding of removal, and protection pursuant to the Convention Against Torture (CAT). Pablo-Mendoza contends that the BIA’s finding that Pablo-Mendoza failed to demonstrate persecution on account of a protected ground was not supported by substantial evidence.

Pablo-Mendoza now maintains that he was entitled to asylum and withholding of removal because he was persecuted on account of an imputed political opinion and membership in a social group composed of witnesses to the extrajudicial killing of a relative. He also maintains that he was entitled to CAT relief on account of past torture from death threats made by the police. Because Pablo-Mendoza failed to raise these issues before the BIA, we lack jurisdiction to address these unexhausted claims. See Abebe v. Mukasey, 554 F.3d 1203, 1208 (9th Cir.2009) (en banc) (per curiam) (“[Wjhen a petitioner does file a brief, the BIA is entitled to look to the brief for an explication of the issues that petitioner is presenting to have reviewed. Petitioner will…