John Arce-Pacheco v. Loretta E. Lynch

FILED
NOT FOR PUBLICATION JUN 25 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOHN HAROLD ARCE-PACHECO, No. 13-70799
Petitioner, Agency No. A087-465-500
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 22, 2015**
Before: HAWKINS, GRABER, and W. FLETCHER, Circuit Judges.
John Harold Arce-Pacheco, a native and citizen of Peru, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s decision denying his application for withholding of removal
*
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).
and protection under the Convention Against Torture (“CAT”). Our jurisdiction is
governed by 8 U.S.C. § 1252. We dismiss the petition for review.
In the opening brief, petitioner does not raise any arguments challenging the
BIA’s reasons for denying Arce-Pacheco’s withholding of removal or CAT claims,
and instead raises several due process contentions that do not relate to this record.
We lack jurisdiction to review these claims because they were not raised to the
BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004) (court lacks
jurisdiction over procedural due process claims that were not exhausted before the
agency).
PETITION FOR REVIEW DISMISSED.
2 13-70799