Abraham Rios v. Jefferson Sessions

U.S. Court of Appeals for the Ninth Circuit
Abraham Rios v. Jefferson Sessions, 694 F. App'x 534 (9th Cir. 2017)
Canby, Kozinski, Hawkins

Abraham Rios v. Jefferson Sessions

Opinion

MEMORANDUM **

Abraham Rios, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying administrative closure and dismissing his appeal from an immigration judge’s (“IJ”) order of removal. We dismiss the petition for review.

We lack jurisdiction to review the BIA’s denial of administrative closure. Diaz-Covarrubias v. Mukasey, 551 F.3d 1114, 1118-20 (9th Cir. 2009).

We lack jurisdiction to consider Rios’ unexhausted contentions that the IJ failed to apply mandatory presumptions in his favor and applied legally erroneous standards of proof. 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.”).

PETITION FOR REVIEW DISMISSED.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Reference

Full Case Name
Abraham RIOS, Petitioner, v. Jefferson B. SESSIONS III, Attorney General, Respondent
Status
Unpublished