JOSE GAMEZ-PEREZ V. LORETTA E. LYNCH, No. 15-71141 (9th Cir. 2016)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS JUN 20 2016 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JOSE ABEL GAMEZ-PEREZ, Petitioner, No. 15-71141 Agency No. A200-699-267 v. MEMORANDUM* LORETTA E. LYNCH, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted June 14, 2016** Before: BEA, WATFORD, and FRIEDLAND, Circuit Judges. Jose Abel Gamez-Perez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo * 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). 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 consider Gamez-Perez’s unexhausted contentions that the IJ erred and violated due process by relying on his criminal history in the hardship analysis. 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). Accordingly, Gamez-Perez’s contention that the BIA erred in failing to address these claims is without merit, where he failed to raise them to the BIA. PETITION FOR REVIEW DISMISSED in part; DENIED in part. 2 15-71141

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