Magda Aracely Yax Pac v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MAGDA ARACELY YAX PAC,
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 21-70314
Agency No. A206-082-570
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 17, 2023**
Before: CLIFTON, R. NELSON, and BRESS, Circuit Judges.
Magda Aracely Yax Pac, a native and citizen of Guatemala, petitions pro se
for review of the Board of Immigration Appeals’ order dismissing her appeal from
an immigration judge’s decision denying her applications for asylum, withholding
of removal, and protection under the Convention Against Torture (“CAT”). We
* 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
APR 21 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law and
constitutional claims. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.
2005). We deny the petition for review.
Because Yax Pac does not challenge the agency’s determination that she was
not credible, we do not address this issue. See Lopez-Vasquez v. Holder, 706 F.3d
1072, 1079-80 (9th Cir. 2013). The agency did not err by declining to consider
Yax Pac’s race or her membership in a particular social group. See Simeonov v.
Ashcroft, 371 F.3d 532, 538 (9th Cir. 2004) (courts and agencies are not required
to decide issues unnecessary to the results they reach); Honcharov v. Barr, 924
F.3d 1293, 1297 (9th Cir. 2019) (holding that the BIA does not err by declining to
consider protected grounds “that were raised for the first time on appeal”).
Because Yax Pac does not challenge the agency’s determination that she is
not eligible for CAT protection, we do not address this issue. See Lopez-Vasquez,
706 F.3d at 1079-80.
The temporary stay of removal remains in place until the mandate issues.
PETITION FOR REVIEW DENIED.

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