Yolany Rosibel Benavides- Garcia; v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
YOLANY ROSIBEL BENAVIDES-
GARCIA; et al,
Petitioners,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 20-71847
Agency Nos. A201-755-264
A201-755-265
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 1, 2022**
Before: FRIEDLAND, SANCHEZ, and H. THOMAS, Circuit Judges.
Yolany Rosibel Benavides-Garcia and her daughter, citizens of El Salvador,
petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing
their appeal from an immigration judge’s decision denying their applications for
asylum, withholding of removal, and protection under the Convention Against
* 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
JUN 30 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 20-71847
Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252. We deny in
part and dismiss in part the petition for review.
The petitioners did not challenge before the BIA the denial of their
applications for asylum, withholding of removal, or CAT protection. These claims
are unexhausted and therefore the court lacks jurisdiction to review them. See
Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004).
We are not persuaded by the petitioners’ contentions that the agency applied
an incorrect legal standard or otherwise violated their due process rights. Rather,
the record reflects that the petitioners received a full and fair hearing. See, e.g.,
Gutierrez v. Holder, 662 F.3d 1083, 1091 (9th Cir. 2011) (“A court will grant a
petition on due process grounds only if the proceeding was so fundamentally unfair
that the [applicant] was prevented from reasonably presenting his case.” (internal
citations and quotation marks omitted)).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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