Jennifer Hernandez v. Jefferson Sessions

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 23 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JENNIFER PATRICIA HERNANDEZ, No. 15-72824 AKA Cindy Angelica Botello, Agency No. A088-349-865 Petitioner, v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted March 13, 2018** Before: LEAVY, M. SMITH, and CHRISTEN, Circuit Judges. Jennifer Patricia Hernandez, a native and citizen of Honduras, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her application for asylum and withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for * 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). substantial evidence the agency’s findings of fact. Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir. 2008). We deny in part and dismiss in part the petition for review. Substantial evidence supports the agency’s determination that Hernandez failed to establish that she was or would be persecuted on account of a protected ground. See Zetino v. Holder, 622 F.3d 1007, 1016 (9th Cir. 2010) (applicant’s “desire to be free from harassment by criminals motivated by theft or random violence by gang members bears no nexus to a protected ground”). We lack jurisdiction to consider Hernandez’s proposed social group that she raises for the first time in her opening brief. See Sola v. Holder, 720 F.3d 1134, 1135 (9th Cir. 2013) (petitioner must exhaust issues or claims in administrative proceedings below). Thus, Hernandez’s asylum and withholding of removal claims fail. See Zetino, 622 F.3d at 1015-16. PETITION FOR REVIEW DENIED in part; DISMISSED in part. 2 15-72824 15-72824 Court of Appeals for the Ninth Circuit ca9 9th Cir. Jennifer Hernandez v. Jefferson Sessions 23 March 2018 Agency Unpublished 108cea123055b40263ab01dc233193655073189b

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