Luis Valencia-Aguilar v. Jefferson Sessions, III ( 2018 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 29 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
LUIS ALBERTO VALENCIA-AGUILAR, No. 15-73163
Petitioner, Agency No. A078-194-982
v.
MEMORANDUM*
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 22, 2018**
Before: SILVERMAN, GRABER, and GOULD, Circuit Judges.
Luis Alberto Valencia-Aguilar, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision sustaining removability and denying his application
for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We
*
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).
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 review Valencia-Aguilar’s unexhausted challenges to
the agency’s removability finding and his unexhausted contention that his
conviction under California Health and Safety Code § 11360 does not bar him
from eligibility for cancellation of removal. 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.”).
To the extent Valencia-Aguilar contends that the agency found him
removable on the basis of his controlled substance conviction, the record does not
support this contention.
The agency was correct that Valencia-Aguilar bore the burden of
establishing that he was eligible for the relief he sought. See 8 U.S.C.
§ 1229a(c)(4)(A); 8 C.F.R. § 1240.8(d); Rendon v. Mukasey, 520 F.3d 967, 973
(9th Cir. 2008) (petitioner bears the burden of proving he is eligible for the
discretionary relief of cancellation of removal.)
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
2 15-73163