Ricardo Rodriguez-Amaya v. Eric H. Holder Jr. , 361 F. App'x 899 ( 2010 )

FILED
NOT FOR PUBLICATION JAN 11 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
RICARDO ANTONIO RODRIGUEZ- No. 08-73133
AMAYA,
Agency No. A099-473-211
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
**
Submitted December 15, 2009
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
*
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).
jlf/Inventory
Ricardo Antonio Rodriguez-Amaya, a native and citizen of El Salvador,
petitions pro se for review of the Board of Immigration Appeals dismissal of his
appeal from the immigration judge’s denial of his application for asylum.
Petitioner contends that he was persecuted due to his refusal to be recruited
by gangs in El Salvador, and contends that he should have been granted asylum.
The IJ and the BIA both concluded that Rodriguez-Amaya failed to file a timely
application for asylum, and he did not challenge this conclusion before the agency.
We lack jurisdiction to consider the merits of petitioner’s asylum claim because
Rodriguez-Amaya failed to allege that his asylum application was timely, or that
an exception to the timeliness requirement applied. When a petitioner fails to
exhaust a claim, the issue is waived. See 8 U.S.C. § 1252(d); Rojas Garcia v.
Ashcroft, 339 F.3d 814, 819 (9th Cir. 2003). Petitioner raises no issues before this
court concerning the IJ’s and BIA’s denial of his applications for withholding of
removal or relief under the Convention Against Torture. Petitioner, therefore, fails
to raise any issues properly before this court.
PETITION FOR REVIEW DISMISSED.
jlf/Inventory 2 08-73133