Carlos Luna-Garcia v. Loretta E. Lynch ( 2016 )

FILED
NOT FOR PUBLICATION FEB 24 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
CARLOS LUNA-GARCIA, No. 11-73092
Petitioner, Agency No. A072-254-731
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 24, 2016**
Pasadena, California
Before: GRABER and WATFORD, Circuit Judges, and TUNHEIM,*** Chief
District Judge.
Carlos Luna-Garcia petitions for review of the Board of Immigration
Appeals’ (BIA) order dismissing his appeal from the immigration judge’s (IJ)
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
***
The Honorable John R. Tunheim, Chief District Judge for the U.S.
District Court for the District of Minnesota, sitting by designation.
Page 2 of 2
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 California 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.