POCASANGRE v. Holder
POCASANGRE v. Holder
Opinion
MEMORANDUM **
Eliot Oswaldo Pocasangre, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) removal order. Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo questions of law, Barrios v. Holder, 581 F.3d 849, 854 (9th Cir. 2009), and review for abuse of discretion the denial of a motion to remand, Romero-Ruiz v. Mukasey, 538 F.3d 1057, 1062 (9th Cir. 2008). We deny in part and dismiss in part the petition for review.
The BIA did not err in finding that Pocasangre failed to establish the seven years of continuous physical presence required under 8 C.F.R. § 1240.66(b)(2) to be eligible for derivative special rule cancellation of removal. See 8 C.F.R. § 1240.61(a)(4); Barrios, 581 F.3d at 858-59.
The BIA did not abuse its discretion in denying Poeasangre’s request to remand to the IJ to apply for asylum where he had not applied for asylum before the IJ and failed to demonstrate that he sought relief based on circumstances that arose subsequent to his hearing. See 8 C.F.R. § 1003.2(c)(1); Romero-Ruiz, 538 F.3d at 1063-64.
We lack jurisdiction to review Poca-sangre’s remaining contentions because he failed to raise them before the agency. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004) (generally requiring exhaustion of claims before the agency).
*435 PETITION FOR REVIEW DENIED in part; DISMISSED in part.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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