Guadalupe Diaz-Velasquez v. Eric Holder, Jr.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: A200-232-896 Copies to all parties and the district court/agency. [999700188].. [14-2213]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-2213

GUADALUPE DIAZ-VELASQUEZ,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.

On Petition for Review of an Order of the Board of Immigration
Appeals.

Submitted:

October 29, 2015

Decided:

November 17, 2015

Before SHEDD, FLOYD, and THACKER, Circuit Judges.

Petition dismissed in part; granted
unpublished per curiam opinion.

and

remanded

in

part

by

Anser Ahmad, AHMAD and ASSOCIATES, McLean, Virginia, for
Petitioner.
Benjamin C. Mizer, Principal Deputy Assistant
Attorney General, Terri J. Scadron, Assistant Director, Hillel
R. Smith, Office of Immigration Litigation, UNITED STATES
DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Guadelupe

Diaz-Velasquez,

a

native

and

citizen

of

Guatemala, petitions for review of an order of the Board of
Immigration

Appeals

(Board)

immigration

judge’s

denial

withholding

of

removal,

dismissing
of

and

his

his

appeal

applications

protection

under

from

for

the

the

asylum,

Convention

Against Torture.
On

appeal,

determination

Diaz-Velasquez

that

he

challenges

failed

to

the

establish

agency’s

changed

or

extraordinary circumstances to excuse the untimely filing of his
asylum

application.

We

lack

jurisdiction

to

review

this

determination pursuant to 8 U.S.C. § 1158(a)(3) (2012), and find
that Diaz-Velasquez has not raised any claims that would fall
under

the

(2012).
2009).

exception

set

forth

in

8

U.S.C.

§

1252(a)(2)(D)

See Gomis v. Holder, 571 F.3d 353, 358–59 (4th Cir.
Given

this

jurisdictional

bar,

underlying merits of his asylum claims.

we

cannot

review

the

Accordingly, we dismiss

this portion of the petition for review.
Diaz-Velasquez

also

contends

that

the

agency

denying his request for withholding of removal. *

*

erred

in

In analyzing

Diaz-Velasquez failed to challenge the agency’s denial of
his request for protection under the Convention Against Torture.
He has therefore waived appellate review of this claim.
See
Ngarurih v. Ashcroft, 371 F.3d 182, 189 n.7 (4th Cir. 2004).

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his claims, the agency did not have the benefit of our recent
decision in Hernandez-Avalos v. Lynch, 784 F.3d 944 (4th Cir.
2015), which addressed gang threats made to a family member.

We

therefore grant the petition for review in part and remand DiazVelasquez’s

claim

for

withholding

of

proceedings in light of Hernandez-Avalos.

removal

for

further

We dispense with oral

argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would
not aid the decisional process.
PETITION DISMISSED IN PART;
GRANTED AND REMANDED IN PART

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