OROZCO CASTELLANOS v. BARR (2019)

United States Court of Appeals, Ninth Circuit.

Maura Alicia OROZCO-CASTELLANOS, Petitioner, v. William P. BARR, Attorney General, Respondent.

No. 18-70965

Decided: September 23, 2019

Before: FARRIS, TASHIMA, and NGUYEN, Circuit Judges.

Elsa Ines Martinez, Esquire, Attorney, Law Offices of Elsa Martinez, PLC, Los Angeles, CA, for Petitioner Virginia Gordon, Esquire, Trial Attorney, Christina P. Greer, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent

MEMORANDUM **

Maura Alicia Orozco-Castellanos, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252. We deny in part and dismiss in part the petition for review.

We do not consider Orozco-Castellanos’s contentions regarding due diligence, where the BIA did not make a determination regarding diligence. See Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010) (the court’s review is limited to the actual grounds relied upon by the BIA).

We lack jurisdiction to consider Orozco-Castellanos’s unexhausted contentions regarding her reason for failing to depart pursuant to the immigration judge’s grant of voluntary departure and what actions her former non-attorney counsel failed to take. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir. 2010) (“We lack jurisdiction to review legal claims not presented in an alien’s administrative proceedings before the BIA.”).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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