Silia Ramirez-Garcia v. Jefferson Sessions

FILED NOT FOR PUBLICATION APR 16 2018 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT SILIA BETZABE RAMIREZ- ) Nos. 15-71480 GARCIA, ) 15-71809 ) Petitioner, ) Agency No. A097-559-607 ) 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** San Francisco, California Before: FERNANDEZ and McKEOWN, Circuit Judges, and BENITEZ,*** District Judge. Silia Ramirez-Garcia, a native and citizen of Mexico, petitions for review of * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a)(2). *** The Honorable Roger T. Benitez, United States District Judge for the Southern District of California, sitting by designation. the Board of Immigration Appeals’ (BIA) dismissal of her appeal from the Immigration Judge’s (IJ) denial of her motion for termination of proceedings,1 her application for withholding of removal,2 and her application for Convention Against Torture3 (CAT) relief.4 She also petitions for review of the BIA’s dismissal of her appeal from the IJ’s denial of her motion for reconsideration.5 We deny the petitions in part and dismiss for lack of jurisdiction in part. (1) Ramirez claims that proceedings should have been terminated on the basis that she was entitled to United States citizenship because her father had become a citizen. However, in her appeal to the BIA she failed to develop the issue in her brief, as a result of which it deemed her appeal abandoned in that respect. The record supports that determination. See Abebe v. Mukasey, 554 F.3d 1203, 1208 (9th Cir. 2009) (en banc) (per curiam); Singh v. Ashcroft, 361 F.3d 1152, 1157 (9th Cir. 2004). Thus, we lack jurisdiction to consider that claim. See 1 8 C.F.R. § 1239.2(f). 2 8 U.S.C. § 1231(b)(3). 3 United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted Dec. 10, 1984, S. Treaty Doc. No. 100-20 (1988), 1465 U.N.T.S. 85, implemented at 8 C.F.R. § 1208.18. 4 Appeal No. 15-71480. Ramirez does not seek review of the denial of her application for asylum. 5 8 C.F.R. § 1003.23(b)(1), (2); see also 8 U.S.C. § 1229a(c)(6). 2 Abebe, 554 F.3d at 1208. (2) A determination by the BIA that an alien is not eligible for withholding of removal or CAT relief “must be upheld if ‘supported by reasonable, substantial, and probative evidence on the record considered as a whole.’” INS v. Elias-Zacarias, 502 U.S. 478, 481, 112 S. Ct. 812, 815, 117 L. Ed. 2d 38 (1992); see also Tampubolon v. Holder, 610 F.3d 1056, 1059 (9th Cir. 2010). Its determination “can be reversed only if the evidence presented . . . was such that a reasonable factfinder would have to” come to the opposite conclusion. Elias- Zacarias, 502 U.S. ...

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