Byron Perez-Garcia v. William P. Barr

• Court: Court of Appeals for the Eighth Circuit
• Decided: May 31, 2019
• Docket: 18-2693
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 18-2693 ___________________________

Byron Eduardo Perez-Garcia

lllllllllllllllllllllPetitioner

v.

William P. Barr, Attorney General of the United States

lllllllllllllllllllllRespondent ____________

Petition for Review of an Order of the Board of Immigration Appeals ____________

Submitted: April 30, 2019 Filed: May 31, 2019 [Unpublished] ____________

Before COLLOTON, WOLLMAN, and KELLY, Circuit Judges. ____________

PER CURIAM.

Guatemalan citizen Byron Eduardo Perez-Garcia petitions for review of an order of the Board of Immigration Appeals dismissing his appeal from an Immigration Judge’s decision denying him asylum, withholding of removal, and relief under the Convention Against Torture; and finding him ineligible for cancellation of removal. The only issues Perez-Garcia raises in this court were not administratively exhausted, and thus this court lacks jurisdiction to consider them. See Molino v. Whitaker, 910 F.3d 1056, 1061 (8th Cir. 2018) (failure to raise issue before agency amounts to failure to exhaust administrative remedies, and deprives this court of jurisdiction to hear matter); Baltti v. Sessions, 878 F.3d 240, 244-45 (8th Cir. 2017) (per curiam) (under 8 U.S.C. § 1252(d)(1), appellate court has jurisdiction to review final order of removal only if petitioner has exhausted all available administrative remedies; this court has interpreted this provision as reflecting Congress’s intent not only to require alien to pursue all levels of administrative review, but also to raise all issues before agency). The petition for review is dismissed. ______________________________

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