GUMARO QUINTERO-FELIX, AKA Gumaro Felix, AKA Gumaro Quintero v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
GUMARO QUINTERO-FELIX, AKA
Gumaro Felix, AKA Gumaro Quintero,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 14-70343
Agency No. A070-716-041
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.
Gumaro Quintero-Felix, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an
immigration judge’s (“IJ”) decision denying his application for asylum,
FILED
NOV 25 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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withholding of removal, and relief under the Convention Against Torture. We
dismiss the petition for review.
Both before the BIA and this court, Quintero-Felix failed to challenge the
IJ’s dispositive determination that he is not eligible for asylum and withholding of
removal because his 2005 conviction is an aggravated felony and a particularly
serious crime. See 8 U.S.C. §§ 1158(b)(2)(A)(ii), (B)(i) (asylum); 8 U.S.C. §
1231(b)(3)(B)(ii) (withholding); see also 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 before the agency); Rizk v. Holder, 629
F.3d 1083, 1091 n.3 (9th Cir. 2011) (a petitioner waives an issue by failing to raise
it in the opening brief).
In light of this disposition, we need not reach Quintero-Felix’s remaining
contentions.
PETITION FOR REVIEW DISMISSED.
14-70343 2

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