David Octavio Urrutia-Guerra v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DAVID OCTAVIO URRUTIA-GUERRA,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 13-72927
Agency No. A070-068-355
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
July 21, 2015**
Before: CANBY, BEA, and MURGUIA, Circuit Judges.
David Octavio Urrutia-Guerra, a native and citizen of Guatemala, petitions
pro se for review of the Board of Immigrations Appeals’ (“BIA”) order dismissing
his appeal from an immigration judge’s decision denying his applications for
special rule cancellation of removal, asylum, withholding of removal, and
FILED
AUG 04 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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protection under the Convention Against Torture (“CAT”). Our jurisdiction is
governed by 8 U.S.C. § 1252. We review de novo questions of law.
Lopez-Vasquez v. Holder, 706 F.3d 1072, 1078 (9th Cir. 2013). We dismiss in part
and deny in part the petition for review.
We lack jurisdiction to consider Urrutia-Guerra’s contentions regarding
eligibility for asylum and withholding of removal based on a particular social
group comprised of Guatemalans returning to Guatemala from the United States,
where Urrutia-Guerra failed to exhaust these contentions before the BIA. See
Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir. 2010) (the court lacks jurisdiction
to consider legal claims not presented in an alien’s administrative proceedings).
Urrutia-Guerra has not raised, and has therefore waived, any challenge to the
agency’s denial of special rule cancellation of removal and CAT relief. See Rizk v.
Holder, 629 F.3d 1083, 1091 n.3 (9th Cir. 2011) (issues not raised in an opening
brief are waived).
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
13-72927 2

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