Nilson Valencia-Riascos v. Eric Holder, Jr. , 383 F. App'x 662 ( 2010 )

FILED
NOT FOR PUBLICATION JUN 14 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
NILSON HERNEY VALENCIA- No. 09-70384
RIASCOS,
Agency No. A089-246-582
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted June 8, 2010
Seattle, Washington
Before: CANBY, CALLAHAN and IKUTA, Circuit Judges.
Nilson Herney Valencia-Riascos, a citizen of Colombia, petitions for review
of an order of the Board of Immigration Appeals (“BIA”) summarily dismissing
his appeal from an immigration judge’s (“IJ”) denial of his application for asylum,
withholding of removal, and relief under the Convention Against Torture.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
Valencia-Riascos challenges the IJ’s finding that he was ineligible for asylum
because he failed to establish a nexus between his feared persecution and his
membership in a particular social group consisting of the family members of his
step-father. Valencia-Riascos’s pro se Notice of Appeal to the BIA, however, even
construed liberally, see, e.g., Barron v. Ashcroft, 358 F.3d 674, 676 n.4 (9th Cir.
2004), provided the agency no notice that he was appealing the IJ’s particular
social group finding. Valencia-Riascos’s failure to raise the particular social group
issue before the BIA constitutes a failure to exhaust administrative remedies,
depriving us of jurisdiction to entertain the claims raised in Valencia-Riascos’s
petition for review. Cordon-Garcia v. INS, 204 F.3d 985, 988 (9th Cir. 2000); see
also Barron, 358 F.3d at 678. The petition for review is, accordingly,
DISMISSED.