Miguel Gonzalez-Ramirez v. Eric Holder, Jr.

MEMORANDUM

Miguel Gonzalez-Ramirez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to remand based on ineffective assistance of counsel, and dismissing his appeal from an immigration judge’s (“IJ”) removal order. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the BIA’s denial of a motion to remand, Movsisian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir.2005), and 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.

We lack jurisdiction to review Gonzalez-Ramirez’s challenge to the IJ’s reliance on the Form 1-213, Record of Deportable Alien, because he failed to raise the issue before the BIA and thereby failed to exhaust his administrative remedies. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir.2010) (this court lacks jurisdiction to review contentions not raised before the BIA).

We also lack jurisdiction to review the agency’s denial of cancellation of removal as a matter of discretion. See 8 U.S.C. § 1252 (a)(2)(B)®.

The BIA did not abuse its discretion by denying…