Salvador Diaz-Hilario v. Eric Holder, Jr.

Good Law
474 F. App'x 706
United States Court of Appeals for the Ninth CircuitJuly 24, 201211-72383California234 words

Opinion

Opinion

MEMORANDUM

Salvador Diaz-Hilario, 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 removal order. We dismiss the petition for review. Diaz-Hilario does not challenge the agency’s finding that he is removable for having committed a controlled substance offense. Accordingly, we lack jurisdiction to review Diaz-Hilario’s order of removal. See 8 U.S.C. § 1252 (a)(2)(C); Bermudez v. Holder, 586 F.3d 1167, 1169 (9th Cir.2009) (per curiam).

We lack jurisdiction to grant Diaz-Hilario bond or order his release. See 8 U.S.C. § 1226 (c)(2) (the Attorney General may authorize release after certain procedures are followed).

We also lack jurisdiction to consider Diaz-Hilario’s unexhausted claim that he was not informed of the immigration consequences of his no-contest plea in California criminal court. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004).

Diaz-Hilario’s May 17, 2012, motion for a bond hearing is dismissed for failure to exhaust his administrative remedies. See Leonardo v. Crawford, 646 F.3d 1157, 1159 (9th Cir.2011) (“If [petitioner] is dissatisfied with the…

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