Gabino Osnaya-Alvarez v. Eric Holder, Jr.
Opinion
Opinion
MEMORANDUM
Gabino Agustín Osnaya-Alvarez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’s (“BIA”) decision dismissing his appeal of an immigration judge’s order of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition for review.
I
Osnaya-Alvarez did not raise any of the procedural due process claims he argues here in his appeal to the BIA. Because these claims were correctable by the agency, they are not exempted from the statutory exhaustion requirement that must necessarily be met for this Court to exercise jurisdiction over them. See 8 U.S.C. § 1252 (d)(1); Agyeman v. INS, 296 F.3d 871, 877 (9th Cir.2002).
II
The BIA’s conclusion that Osnaya-Alva-rez is not eligible for cancellation of removal is supported by substantial evidence. Osnaya-Alvarez admitted that he voluntarily departed the United States in 2008, and he did not allege or offer proof of coercion or misrepresentation. Thus, the BIA’s conclusion that his voluntary departure constituted a break in physical presence is supported by substantial evidence. See Gutierrez v. Mukasey, 521 F.3d 1114, 1117 (9th Cir.2008).