Maria Luevano v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARIA LUEVANO,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 12-73762
Agency No. A070-786-650
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 25, 2014**
Before: HAWKINS, TALLMAN, and NGUYEN, Circuit Judges.
Maria Luevano, a native and citizen of Mexico, petitions pro se for review
of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an
immigration judge’s decision denying her application for protection under the
Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C.
FILED
JUN 26 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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§ 1252. We review for substantial evidence the agency’s factual findings. Zehatye
v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny in part and dismiss
in part the petition for review.
Substantial evidence supports the agency’s denial of CAT relief because
Luevano failed to establish that it is more likely than not she will be tortured by or
with the consent or acquiescence of a government official if she returns to Mexico.
See id. at 1188.
We lack jurisdiction to consider Luevano’s contentions regarding changed
circumstances, asylum, and her conviction, because she did not raise them to the
BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004) (court lacks
jurisdiction to consider issues that have not been administratively exhausted).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
12-73762 2

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