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623 F. App'x 396

Bin Zhang v. Loretta E. Lynch

U.S. Courts of Appeals

Decided November 25, 2015

U.S. Courts of Appeals · decided 2015-11-25

Applies 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Barron v. Ashcroft · Martinez-Serrano v. Immigration & Naturalization Service

Decided 2015-11-25

¶1 MEMORANDUM …

¶2 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 removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss in part and deny in part the petition for review.

¶3 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.

¶4 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 *397 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).

¶5 PETITION FOR REVIEW DENIED in part; DISMISSED in part.

…

¶6 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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