Marco Sarinana Guridi v. Loretta E. Lynch

MEMORANDUM

Petitioner Marco Cuahtzin Sarinana Gu-ridi, a native and citizen of Mexico who was a legal permanent resident (“LPR”) of the United States, seeks review of a final order of removal issued by the Board of Immigration Appeals (“BIA”). An immigration judge (“IJ”) found Petitioner inadmissible because Petitioner had admitted, at the Calexico West Port of Entry, that he possessed marijuana in the United States. See 8 U.S.C. § 1182 (a)(2)(A)(i)(II) (providing that an alien is inadmissible if the alien admits having committed a controlled substance offense or having committed an act constituting the essential elements of such an offense). The BIA dismissed Petitioner’s appeal, concluding that the evidence that the government submitted — a sworn statement signed by Petitioner — was reliable and that the IJ did not err in finding Petitioner not credible.

1.We lack jurisdiction to consider whether Petitioner was properly placed in removal proceedings as an arriving alien, see 8 U.S.C. § 1101 (a)(13)(C)(v) (defining the circumstances under which an alien is regarded as seeking admission), because Petitioner did not exhaust this claim before the BIA. See 8 U.S.C. § 1252 (d)(1)…