Ponciano Alba-Gutierrez v. Eric Holder, Jr.

MEMORANDUM

Ponciano Alba-Gutierrez (Alba) petitions for review of the Board of Immigration Appeals’ (BIA) order, which dismissed his appeal of an immigration judge’s denial of his application for cancellation of removal under 8 U.S.C. § 1229b(a).

Alba’s claim that the BIA violated the Equal Protection Clause in relying on his disability as a basis for denying cancellation of removal is not colorable. Alba failed to identify similarly situated individuals who were treated differently, and the government had a rational reason for denying relief to Alba. Accordingly, we lack jurisdiction to consider this claim. See Mendez-Castro v. Mukasey, 552 F.3d 975, 978 (9th Cir.2009); see also Coronado v. Holder, 759 F.3d 977, 987-88 (9th Cir.2014).

Alba did not cite the Rehabilitation Act of 1973 in his arguments to the BIA or otherwise indicate that he was making a claim under 29 U.S.C. § 794 . Because he did not exhaust this claim, we lack jurisdiction to consider it. See Young v. Holder, 697 F.3d 976, 982 (9th Cir.2012).

Finally, we lack jurisdiction to consider whether the BIA erred when it weighed the evidence underlying its discretionary determination. See Mendez-Castro, 552 F.3d at…