Jose Gutierrez-Gutierrez v. Eric Holder, Jr.

MEMORANDUM

Jose de Jesus Gutierrez-Gutierrez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, protection under the Convention Against Torture (“CAT”) and cancellation of removal, and denying his motion to continue. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings and review de novo questions of law. Henriquez-Rivas v. Holder, 707 F.3d 1081, 1087 (9th Cir.2013) (en banc). We review for abuse of discretion the denial of a motion to continue. Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir.2008). We dismiss in part, deny in part, and grant in part the petition for review, and we remand.

We lack jurisdiction to consider Gutierrez-Gutierrez’s unexhausted contentions regarding the IJ’s statements related to his unlawful entry. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004). We otherwise lack jurisdiction to consider the agency’s denial of cancellation of removal based on its discretionary hardship determination. See De…