DocketNumber: 17-70572
Filed Date: 2/21/2019
Status: Non-Precedential
Modified Date: 4/17/2021
NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 21 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JORGE PLASCENCIA-FERNANDEZ, No. 17-70572 Petitioner, Agency No. A200-807-159 v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 19, 2019** Before: FERNANDEZ, SILVERMAN, and WATFORD, Circuit Judges. Jorge Plascencia-Fernandez, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his request for a continuance and ordering him removed. Our jurisdiction is governed by8 U.S.C. § 1252
. We deny in part and dismiss in part 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). To the extent Plascencia-Fernandez challenges the agency’s denial of cancellation of removal and his request for a continuance, he has waived these contentions, because he advances no argument to support them. See Martinez- Serrano v. INS,94 F.3d 1256
, 1259-60 (9th Cir. 1996) (“Issues raised in a brief that are not supported by argument are deemed abandoned.”) We lack jurisdiction to consider Plascencia-Fernandez’s unexhausted contentions that the IJ violated due process or that his former representative was ineffective. See Tijani v. Holder,628 F.3d 1071
, 1080 (9th Cir. 2010) (the court lacks jurisdiction to consider legal claims not presented in an alien’s administrative proceedings before the agency); Correa-Rivera v. Holder,706 F.3d 1128
, 1130 (9th Cir. 2013) (ineffective assistance of counsel claims can be raised by filing a motion to reopen with the agency). PETITION FOR REVIEW DENIED in part; DISMISSED in part. 2 17-70572