NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 23 2022 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT MARCELA CASTRO-ROJAS, No. 15-71631 Petitioner, Agency No. A205-720-836 v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted August 17, 2022** Before: S.R. THOMAS, PAEZ, and LEE, Circuit Judges. Marcela Castro-Rojas, a native and citizen of Costa Rica, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her applications for asylum, withholding of removal, and protection under the Convention Against Torture * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252. We deny in part and dismiss in part the petition for review. As to asylum and withholding of removal, Castro-Rojas does not challenge the agency’s dispositive determination that she failed to establish harm that was or would be on account of a statutorily protected ground. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not specifically raised and argued in a party’s opening brief are waived). As to CAT protection, Castro-Rojas does not challenge the agency’s denial of her claim. See id. We lack jurisdiction to review Castro-Rojas’ contentions regarding new claims and evidence because she did not raise them before the agency. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004) (no subject-matter jurisdiction over claims not presented in administrative proceedings below). Castro-Rojas’ request to remand, included in her opening brief, is denied. The temporary stay of removal remains in place until the mandate issues. PETITION FOR REVIEW DENIED in part; DISMISSED in part. 2 15-71631 15-71631 Court of Appeals for the Ninth Circuit ca9 9th Cir. Marcela Castro-Rojas v. Merrick Garland 23 August 2022 Agency Unpublished 873f0c8a0fbd11a0ee8d09e47058314969a430c2
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