Francisco Guerrero Claros v. Eric H. Holder Jr.
Opinion
MEMORANDUM **
Francisco Alexander Guerrero Claros, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir. 2008). We deny the petition for review in part and dismiss it in part.
The BIA did not abuse its discretion in denying Guerrero Claros’s motion to reopen because he failed to demonstrate the affidavits he submitted were previously unavailable. See 8 C.F.R. § 1003.2(c)(1); Goel v. Gonzales, 490 F.3d 735, 738 (9th Cir. 2007).
We lack jurisdiction to address Guerrero Claros’s challenge to the immigration judge’s denial of asylum, withholding of removal, and CAT relief, because he failed to exhaust these issues before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- Francisco Alexander GUERRERO CLAROS, A.K.A. Mauricio Martinez Garduno, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
- Status
- Unpublished