VENTURA ALVAREZ AKA AKA AKA v. BARR (2019)

MEMORANDUM **

Richard Ventura-Alvarez, a native and citizen of Colombia, 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 and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings. Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir. 2010). We dismiss in part and grant in part the petition for review, and we remand.

We lack jurisdiction to consider Ventura-Alvarez’s contentions regarding his CAT claim because he failed to challenge the denial of CAT relief before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 677 (9th Cir. 2004) (holding that petitioner’s failure to exhaust administrative remedies precludes review).

As to withholding of removal, the BIA did not have the benefit of this court’s decision in Barajas-Romero v. Lynch, 846 F.3d 351, 356-60 (9th Cir. 2017), when it issued its order. Thus, we grant the petition for review as to withholding of removal, and remand this claim to the BIA to determine the impact of this decision. See INS v. Ventura, 537 U.S. 12, 16-18, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002) (per curiam).

We do not reach the agency’s adverse credibility finding.

Each party shall bear its own costs in this petition for review.

PETITION FOR REVIEW DISMISSED in part; GRANTED in part; REMANDED.