Noemi Amaya-Heresano v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
NOEMI AMAYA-HERESANO,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 10-70419
Agency No. A079-765-899
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 18, 2015**
Before: TASHIMA, OWENS, and FRIEDLAND, Circuit Judges.
Noemi Amaya-Hersano, a native and citizen of Honduras, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal
from an immigration judge’s decision denying her application for withholding of
* 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).
FILED
NOV 24 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss in part
and deny in part the petition for review.
We lack jurisdiction to consider the new social group and political opinion
contentions Amaya-Hersano presents in her opening brief, because she did not
raise these to the agency. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.
2004) (no jurisdiction over legal claims not presented in administrative
proceedings below). Thus, Amaya-Hersano’s withholding of removal claim fails.
Amaya-Hersano does not challenge the BIA’s findings that she failed to
demonstrate she was targeted on account of her membership in a particular social
group consisting of her family and that she could not reasonably relocate within
Honduras if returned. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th
Cir. 1996) (issues not specifically raised and argued in a party’s opening brief are
waived).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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