U.S. Court of Appeals for the Ninth Circuit, 2016

Carlos Luna-Garcia v. Loretta E. Lynch

Carlos Luna-Garcia v. Loretta E. Lynch
U.S. Court of Appeals for the Ninth Circuit · Decided February 24, 2016 · Graber, Watford, Tunheim
637 F. App'x 278

Carlos Luna-Garcia v. Loretta E. Lynch

Opinion

MEMORANDUM ***

Carlos Luna-Garcia petitions for review of the Board of Immigration Appeals’ (BIA) order dismissing his appeal from the immigration judge’s (IJ) denial of his application for cancellation of removal. We dismiss Luna-Garcia’s petition.

We lack jurisdiction to decide whether Luna-Garcia is eligible for cancellation of removal. Luna-Garcia contends that the IJ’s decision is erroneous because (1) his 1998 conviction under California Penal Code § 273.5 is not a “crime of domestic violence” under 8 U.S.C. § 1227(a)(2)(E)(i), and (2) his 1998 conviction under Cálifor-nia Health and Safety Code § 11383(c)(1) is not an “aggravated felony” under 8 U.S.C. §§ 1101(a)(43)(B), 1227(a)(2)(A)(iii), 1229b(a)(3). He did not, however, raise these arguments before the BIA. .His claims are therefore unexhausted and fall outside our jurisdiction to review. See 8 U.S.C. § 1252(d)(1); Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004).

PETITION DISMISSED.

***

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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