GUADALUPE ORTIZ SANDOVAL v. LORETTA LYNCH ATTORNEY GENERAL

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United States Court of Appeals, Fifth Circuit.

GUADALUPE ORTIZ-SANDOVAL, Petitioner v. LORETTA LYNCH, U. S. ATTORNEY GENERAL, Respondent

No. 15-60395

    Decided: October 06, 2016

Before DAVIS, SOUTHWICK, and HIGGINSON, Circuit Judges.

Guadalupe Ortiz-Sandoval petitions this court to review the administrative reinstatement of her prior order of removal. She challenges the determination by the immigration judge under 8 C.F.R. § 208.31 that she lacked a reasonable fear of persecution or torture in Mexico. According to Ortiz-Sandoval, she showed under § 208.31(c) that she belonged to a particular social group comprised of her family members. She did not exhaust this claim administratively, however, and we lack jurisdiction to consider it. See 8 U.S.C. § 1252(d)(1); Hernandez-De La Cruz v. Lynch, 819 F.3d 784, 786 (5th Cir. 2016).

Additionally, because the underlying order of removal rests on Ortiz-Sandoval's prior conviction for an aggravated felony under 8 U.S.C. § 1227(a)(2)(A)(iii), we lack jurisdiction to consider her challenge to the finding that she failed to show a link between the Zetas and Mexican public officials as required to show torture under 8 C.F.R. § 208.18(a)(1). See § 1252(a)(2)(C); Hernandez-De La Cruz, 819 F.3d at 786-87. We need not reach her challenge to the alternate determination that a fear of being killed is not a fear of torture.

The petition for review is DISMISSED.

STEPHEN A. HIGGINSON, Circuit Judge:*

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