MIGUEL GARCIA-CASTRO V. ERIC HOLDER, JR., No. 11-71754 (9th Cir. 2013)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS OCT 22 2013 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT MIGUEL ANGEL GARCIA-CASTRO, Petitioner, No. 11-71754 Agency No. A095-684-770 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 15, 2013** Before: FISHER, GOULD, and BYBEE, Circuit Judges. Miguel Angel Garcia-Castro, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals ( BIA ) order summarily affirming an immigration judge s removal order. Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo questions of law. Mohammed v. Gonzales, 400 * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). F.3d 785, 791-92 (9th Cir. 2005). We deny in part and dismiss in part the petition for review. In his opening brief, Garcia-Castro fails to address, and therefore has waived any challenge to, the BIA s determination that he is ineligible for asylum, withholding of removal, and relief under the Convention Against Torture. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-1080 (9th Cir. 2013) (issues not specifically raised and argued in a party s opening brief are waived). We lack jurisdiction to review Garcia-Castro s contention regarding his eligibility for relief under the Nicaraguan Adjustment and Central American Relief Act because he failed to raise that issue before the BIA and thereby failed to exhaust his administrative remedies. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir. 2010) ( We lack jurisdiction to review legal claims not presented in an alien s administrative proceedings before the BIA. ). PETITION FOR REVIEW DENIED in part; DISMISSED in part. 2 11-71754

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