Kenia Fabiola Nunez-Romero v. U.S. Attorney General

Case: 17-11530 Date Filed: 02/14/2018 Page: 1 of 6 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 17-11530 Non-Argument Calendar ________________________ Agency No. A206-701-676 KENIA FABIOLA NUNEZ-ROMERO, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (February 14, 2018) Before WILSON, JORDAN, and JULIE CARNES, Circuit Judges. PER CURIAM: Case: 17-11530 Date Filed: 02/14/2018 Page: 2 of 6 Petitioner Kenia Nunez-Romero, a native and citizen of Honduras, petitions for review of the Board of Immigration Appeals’s (“BIA”) order affirming the Immigration Judge’s (“IJ”) denial of her applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Because neither of the arguments Petitioner raises in her petition for review were exhausted to the BIA, we lack jurisdiction to review these arguments. Accordingly, we dismiss the petition for review. I. BACKGROUND In July 2014, the Department of Homeland Security served Petitioner with a Notice to Appear, charging her with inadmissibility under 8 U.S.C. § 1182(a)(6)(A)(i), for being an alien present in the United States without being admitted or paroled. In March 2015, Petitioner filed an application for withholding of removal and CAT relief based on her membership in a particular social group. Specifically, she asserted that she feared returning to Honduras because her son’s father had physically abused her and threatened to kill her. At a subsequent hearing before the IJ, Petitioner admitted the allegations in the Notice to Appear and indicated that she was seeking asylum, in addition to withholding of removal and CAT relief. At the merits hearing, Petitioner testified that she had failed to file her asylum application within one year of her arrival in February 2013 because she was busy trying to find a way to bring her son to the 2 Case: 17-11530 Date Filed: 02/14/2018 Page: 3 of 6 United States. Petitioner explained that she was kidnapped by her son’s father in 2002, when she was 14 years old. She said he took her to the mountains and raped her repeatedly for several months. She became pregnant during this time. She also recounted a separate occasion where she was raped by her son’s father’s cousins. On cross-examination, Petitioner changed her account, testifying that she became pregnant with her son in 2005 and gave birth to him in 2006. Government counsel asked Petitioner to explain why she testified on direct examination that she became pregnant in 2002 while she was in the mountains, but just moments later had said she became pregnant with this son in 2005. Petitioner clarified that she had been pregnant twice; she had gotten pregnant for the first time when she was in the mountains but lost that baby due to her son’s father’s abuse. On redirect examination, Petitioner, switched gears again, admitting that she had only been pregnant once and had lied about having a miscarriage. Following the hearing, the IJ denied Petitioner’s applications for relief. The IJ noted ...

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