OMAR CRUZ RODRIGUEZ V. JEFFERSON SESSIONS, No. 15-72487 (9th Cir. 2017)

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FILED FEB 22 2017 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT OMAR CRUZ RODRIGUEZ, Petitioner, No. 15-72487 Agency No. A204-371-716 v. MEMORANDUM* JEFF B. SESSIONS, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 14, 2017** Before: GOODWIN, FARRIS, and FERNANDEZ, Circuit Judges. Omar Cruz Rodriguez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an * 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). immigration judge’s order of removal. Our jurisdiction is governed by 8 U.S.C. § § 1252. We dismiss in part and deny in part the petition for review. We lack jurisdiction to consider Cruz Rodriguez’ collateral attack upon his California controlled substance conviction. See Ramirez-Villalpando v. Holder, 645 F.3d 1035, 1041 (9th Cir. 2010) (holding that petitioner could not collaterally attack his state court conviction on a petition for review of a BIA decision). We lack jurisdiction to consider Cruz Rodriguez’ eligibility for Deferred Action for Childhood Arrivals, see Vilchiz-Soto v. Holder, 688 F.3d 642, 644 (9th Cir. 2012) (order); 8 U.S.C. § 1252(g), and Cruz Rodriguez has not shown any error in the BIA’s decision not to remand. PETITION FOR REVIEW DISMISSED in part; DENIED in part. 2 15-72487

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