Rosa Berenice Guerrero Gonzalez v. WILLIAM P. BARR, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ROSA BERENICE GUERRERO
GONZALEZ,
Petitioner,
v.
WILLIAM P. BARR, Attorney General,
Respondent.
No. 14-70428
Agency No. A074-817-993
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 19, 2019**
Before: FERNANDEZ, SILVERMAN, and WATFORD, Circuit Judges.
Rosa Berenice Guerrero Gonzalez, a native and citizen of Mexico, petitions
for review of the Board of Immigration Appeals’ (“BIA”) order denying her
motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C.
§ 1252. We review for abuse of discretion the denial of a motion to reopen,
* 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
FEB 21 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 14-70428
Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010), and we dismiss in part
and deny in part the petition for review.
We lack jurisdiction to consider the social group that Guerrero Gonzalez
raises for the first time in her opening brief. See Barron v. Ashcroft, 358 F.3d 674,
677-78 (9th Cir. 2004) (petitioner must exhaust issues or claims in administrative
proceedings below).
The BIA did not abuse its discretion in denying Guerrero Gonzalez’s second
untimely motion to reopen where Guerrero Gonzalez failed to establish prima facie
eligibility for asylum, withholding of removal, or relief under the Convention
Against Torture. See Najmabadi, 597 F.3d at 986 (the BIA can deny a motion to
reopen for failure to establish prima facie eligibility for the relief sought).
PETITION FOR REVIEW DISMISSED in part; DENIED in part.

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