Haurin Roman Gonzalez v. Eric Holder, Jr.

MEMORANDUM

Haurin Estuardo Roman Gonzalez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Ap peals ( BIA ) order dismissing his appeal from an immigration judge’s order of removal. Our jurisdiction is governed by 8 U.S.C § 1252. We review de novo questions of law, Abebe v. Gonzales, 432 F.3d 1037, 1040 (9th Cir.2005) (en banc), and we dismiss in part and deny in part the petition for review.

We lack jurisdiction to consider Roman Gonzalez’s unexhausted challenges to the agency’s denial of his applications for asylum and special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act of 1997. 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.”).

We also lack jurisdiction to review the BIA’s discretionary denial of voluntary departure. See 8 U.S.C. § 1229c(f); Gil v. Holder, 651 F.3d 1000, 1006 (9th Cir.2011), overruled on other grounds by Moncrieffe v. Holder, — U.S.-, 133 S.Ct. 1678 , 185 L.Ed.2d 727 (2013).

The BIA did not err or violate due process by limiting its review to those…