SANTAMARIA v. BARR (2020)

United States Court of Appeals, Ninth Circuit.

Dolores SANTAMARIA, Petitioner, v. William P. BARR, Attorney General, Respondent.

No. 14-72639

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

MEMORANDUM **

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?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

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.

Go To Learn About The Law