Abraham Rios v. Jefferson Sessions ( 2017 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 19 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ABRAHAM RIOS, No. 15-73579
Petitioner, Agency No. A205-297-724
v.
MEMORANDUM*
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 11, 2017**
Before: CANBY, KOZINSKI, and HAWKINS, Circuit Judges.
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.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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.
2 15-73579