Evaristo Espino-Hernandez v. Jefferson Sessions

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 20 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
EVARISTO ESPINO-HERNANDEZ, No. 15-72209
Petitioner, Agency No. A200-897-853
v.
MEMORANDUM*
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 13, 2018**
Before: LEAVY, M. SMITH, and CHRISTEN, Circuit Judges.
Evaristo Espino-Hernandez, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s (“IJ”) order pretermitting his applications for cancellation of
removal and voluntary departure. 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).
Espino-Hernandez concedes that his conviction for felony endangerment
under Arizona Revised Statutes (“ARS”) § 13-1201 is a crime involving moral
turpitude. See Leal v. Holder, 771 F.3d 1140, 1146 (9th Cir. 2014).
We lack jurisdiction to consider Espino-Hernandez’s unexhausted
contentions that the IJ erred or violated due process in vacating his June 19, 2014,
hearing, or in finding his conviction under ARS § 13-1201 to preclude the
establishment of the requisite good moral character for post-conclusion voluntary
departure. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir. 2010).
PETITION FOR REVIEW DISMISSED.
2 15-72209