Abraham Uribe v. Jefferson Sessions

707 F. App'x 865

• Court: Court of Appeals for the Ninth Circuit
• Decided: December 20, 2017
• Docket: 14-73559
• Status: Unpublished

Opinion

MEMORANDUM **

Abraham Uribe, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s denial of his motion to terminate proceedings. We dismiss the petition for review.

We lack jurisdiction to consider Uribe’s unexhausted contentions regarding the effect of California Penal Code § 1203.43 on his controlled substance conviction. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir. 2010) (the court lacks jurisdiction to consider legal claims not presented to the agency in the alien’s proceedings).

We also lack jurisdiction to review Ur-ibe’s request for remand for purposes of seeking a favorable exercise of prosecuto-rial discretion. See Vilchiz-Soto v. Holder, 688 F.3d 642, 644 (9th Cir. 2012) (order).

PETITION FOR REVIEW DISMISSED.

** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.