Jose Martinez-Flores v. Loretta E. Lynch

MEMORANDUM

Jose Martinez-Flores, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) order denying relief from removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo constitutional claims, Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005), and review for abuse of discretion the denial of a motion to remand. Movsi sian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir. 2005). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to consider Martinez-Flores’ unexhausted challenge to the IJ’s dispositive determination that Martinez-Flores failed to establish a nexus to a protected ground for the purposes of withholding of removal. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir. 2010) (the court lacks jurisdiction to consider legal claims not presented in an alien’s administrative proceedings before the agency). Accordingly, we do not reach Martinez-Flores’ contentions regarding past persecution.

We also lack jurisdiction to consider Martinez-Flores’ unexhausted contentions regarding Convention against Torture…