CHRISTIAN SAMUEL LOPEZ, AKA Diego Araujo v. JEFFERSON B. SESSIONS III, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CHRISTIAN SAMUEL LOPEZ, AKA
Diego Araujo,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 14-73842
Agency No. A095-753-915
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 18, 2017**
Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges.
Christian Samuel Lopez, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an
immigration judge’s decision finding her ineligible for asylum and withholding of
removal, and denying relief under the Convention Against Torture (“CAT”). Our
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
DEC 20 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 14-73842
jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the
agency’s particularly serious crime determination. Avendano-Hernandez v. Lynch,
800 F.3d 1072, 1077 (9th Cir. 2015). We deny in part and dismiss in part the
petition for review.
The agency did not abuse its discretion in determining that Lopez’s
conviction for driving under the influence with blood alcohol of 0.08 percent or
more and causing bodily injury to another person with two or more prior
convictions pursuant to Cal. Vehicle Code § 23153(b), and hit and run causing
death or injury in violation of Cal. Vehicle Code § 20001(a), was a particularly
serious crime, where Lopez declined the opportunity to offer additional testimony
or evidence regarding the circumstances of her conviction, and the agency weighed
the correct factors. See id.; Anaya-Ortiz v. Holder, 594 F.3d 673, 678 (9th Cir.
2010) (all reliable information may be considered in making a particularly serious
crime determination).
Lopez waived any challenge to the agency’s CAT determination. See Corro-
Barragan v. Holder, 718 F.3d 1174, 1177 n.5 (9th Cir. 2013) (failure to contest
issue in opening brief resulted in waiver).
We lack jurisdiction to consider Lopez’s unexhausted contentions that her
prior counsel was ineffective and that she had insufficient opportunity to present
evidence regarding her conviction. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th

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Cir. 2010) (no jurisdiction to review legal claims not presented in an alien’s
administrative proceedings before the BIA).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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