ALAN HERNANDEZ VILLA AKA v. JEFFERSON SESSIONS III (2017)

MEMORANDUM*

Alan Hernandez-Villa, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' (“BIA”) order dismissing his appeal from an immigration judge's decision denying his application for withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We review questions of law de novo, Cerezo v. Mukasey, 512 F.3d 1163, 1166 (9th Cir. 2008), except to the extent that deference is owed to the BIA's determination of the governing statutes and regulations, Simeonov v. Ashcroft, 371 F.3d 532, 535 (9th Cir. 2004). We review for substantial evidence the agency's factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to consider contentions as to social groups that Hernandez-Villa raised for the first time in the opening brief. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004) (court lacks jurisdiction to review claims not presented to the agency).

The agency did not err in finding Hernandez-Villa failed to establish membership in a cognizable social group. See Ramirez-Munoz v. Lynch, 816 F.3d 1226, 1228-29 (9th Cir. 2016). Thus, we deny the petition as to his withholding of removal claim.

PETITION FOR REVIEW DISMISSED in part; DENIED in part.