Mayorga-Mayorga

Mayorga-Mayorga v. Mukasey

Good Law
285 F. App'x 404
United States Court of Appeals for the Ninth CircuitJuly 9, 2008No. 06-74422California322 words

Opinion

Lead Opinion

MEMORANDUM **

Delcy Lisseth Mayorga-Mayorga, native and citizen of Guatemala, petitions for review of a 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 relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 .

We review due process claims de novo, reversing only if the proceedings were so fundamentally unfair that the alien was prevented from reasonably presenting her case. Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We dismiss in part and deny in part the petition for review.

In Mayorga-Mayorga’s opening brief, she fails to address, and therefore has waived, any challenge to the agency’s determination that she is ineligible for relief on the merits of her asylum, withholding, and CAT claims. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996).

The court does not have jurisdiction to review Mayorga-Mayorga’s due process challenge based on the IJ’s alleged failure to forward her application to the Department of State, because she did not exhaust *405 the issue before the BIA. See Barron v.…

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