Dolores SANTAMARIA, Petitioner, v. William P. BARR, Attorney General, Respondent.
Decided: September 15, 2020
Before: TASHIMA, SILVERMAN, and OWENS, Circuit Judges.
Dolores Santamaria, Pro Se Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, Raya Jarawan, Esquire, Trial Attorney, U.S. Department of Justice, Washington, DC, Anthony Cardozo Payne, Senior Litigation Counsel, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, for Respondent
Dolores Santamaria, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge's decision denying her application for asylum. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence the agency's factual findings. Tamang v. Holder, 598 F.3d 1083, 1088 (9th Cir. 2010). We deny in part and dismiss in part the petition for review.
The record does not compel the conclusion that Santamaria timely filed her asylum application or that she established extraordinary circumstances to excuse the untimely filing. See 8 C.F.R. § 1208.4(a)(5).
We lack jurisdiction to review Santamaria's arguments concerning prosecutorial discretion. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004) (court lacks jurisdiction to review claims not presented to the agency).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.