Venancio Cortez v. Loretta E. Lynch

U.S. Court of Appeals for the Ninth Circuit
Venancio Cortez v. Loretta E. Lynch, 654 F. App'x 303 (9th Cir. 2016)

Venancio Cortez v. Loretta E. Lynch

Opinion

MEMORANDUM **

Jose Abel Gamez-Perez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“U”) decision denying his application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo questions of law. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to consider Gamez-Perez’s unexhausted contentions that the IJ erred and violated due process by relying on his criminal history in the hardship analysis. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir. 2010) (we lack jurisdiction to review legal claims not presented in an alien’s administrative proceedings before the BIA).

Accordingly, Gamez-Perez’s contention that the BIA erred in failing to address these claims is without merit, where he failed to raise them to the BIA.

PETITION FOR REVIEW DISMISSED in part; DENIED in part.

**

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

Reference

Full Case Name
Jose Abel GAMEZ-PEREZ, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent
Status
Unpublished