Jose Zuniga-Perez v. Eric Holder, Jr.

MEMORANDUM

Jose Zuniga-Perez (“Zuniga-Perez”), a native and citizen of Mexico and a legal permanent resident of the United States, petitions for review of the Board of Immigration Appeals’ (“BIA”) order which summarily affirmed an Immigration Judge’s (“IJ”) finding of removability.

We have jurisdiction under 8 U.S.C. § 1252 . We affirm the BIA’s decision.

I.

On appeal, Zuniga-Perez asserts that the IJ failed to explain the immigration process and that the IJ failed to probe Zuniga-Perez’s decision to appear pro se. Neither of these arguments were asserted before the BIA. A petitioner’s failure to raise an argument to the BIA generally bars this court “from reaching the merits of a legal claim.” Barron v. Ashcroft, 858 F.3d 674, 678 (9th Cir.2004) (citing 8 U.S.C. § 1252 (d)(1)). Accordingly, we lack jurisdiction to address these arguments.

II.

Where the BIA affirms the IJ’s decision without an opinion under 8 C.F.R. § 1003.1 (e)(4), “the IJ’s decision becomes the BIA’s decision and we evaluate the IJ’s decision as we would that of the Board.” Lanza v. Ashcroft, 389 F.3d 917, 925 (9th Cir.2004) (internal quotation marks omitted). Accordingly, in this case we review the IJ’s…