Elliot Nilsson Garcia-Castro v. WILLIAM P. BARR, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ELLIOT NILSSON GARCIA-CASTRO,
Petitioner,
v.
WILLIAM P. BARR, Attorney General,
Respondent.
No. 14-72968
Agency No. A072-321-175
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 15, 2019**
Before: FARRIS, LEAVY, and RAWLINSON, Circuit Judges.
Elliot Nilsson Garcia-Castro, a native and citizen of El Salvador, petitions
for review of the Board of Immigration Appeals’ (“BIA”) order denying his
motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C.
§ 1252. We review for abuse of discretion the BIA’s denial of a motion to reopen.
Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny in part and
* 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
OCT 22 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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dismiss in part the petition for review.
The BIA did not abuse its discretion in denying Garcia-Castro’s untimely
and number-barred motion to reopen because Garcia-Castro failed to establish
prima facie eligibility for asylum, withholding of removal, or relief under the
Convention Against Torture to qualify for an exception to the time and number
limitations for motions to reopen. See 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi, 597
F.3d at 986 (the BIA may deny a motion to reopen for failure to establish prima
facie eligibility for the relief sought).
We lack jurisdiction to consider Garcia-Castro’s contentions regarding
humanitarian asylum because he did not exhaust them before the BIA. See Barron
v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004) (court lacks jurisdiction to
review claims not presented to the agency).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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