Alex Carrillo-Garcia v. Loretta E. Lynch

MEMORANDUM

Alex Carrillo-Garcia, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) order of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We dismiss in part and deny in part the petition for review.

The BIA correctly determined that Carrillo-Garcia failed to challenge the IJ’s conclusion that his conviction under California Penal Code § 273.5(a) renders him ineligible for cancellation of removal under 8 U.S.C. § 1229b(b)(l)(C). Accordingly, we lack jurisdiction to review Carrillo-Garcia’s unexhausted contentions that his criminal history does not include an aggravated felony and that he qualifies for the petty offense exception. See Abebe v. Mukasey, 554 F.3d 1203, 1207-08 (9th Cir.2009) (en bane) (explaining that issues raised in the notice of appeal but not argued in an appellant’s principal brief are deemed abandoned); Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir.2010) (“We lack jurisdiction to review legal claims not presented in an alien’s…