Dolores Santamaria v. William Barr ( 2020 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS SEP 15 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
DOLORES SANTAMARIA, No. 14-72639
Petitioner, Agency No. A073-936-772
v.
MEMORANDUM*
WILLIAM P. BARR, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 8, 2020**
Before: TASHIMA, SILVERMAN, and OWENS, Circuit Judges.
Dolores Santamaria, a native and citizen of Mexico, petitions pro se for
review of the Board of Immigration Appeals’ order dismissing her appeal from an
immigration judge’s decision denying her application for asylum. Our jurisdiction
is governed by 8 U.S.C. § 1252. We review for substantial evidence the agency’s
*
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).
factual findings. Tamang v. Holder, 598 F.3d 1083, 1088 (9th Cir. 2010). We
deny in part and dismiss in part the petition for review.
The record does not compel the conclusion that Santamaria timely filed her
asylum application or that she established extraordinary circumstances to excuse
the untimely filing. See 8 C.F.R. § 1208.4(a)(5).
We lack jurisdiction to review Santamaria’s arguments concerning
prosecutorial discretion. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.
2004) (court lacks jurisdiction to review claims not presented to the agency).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 14-72639