Augustine Martinez-Villa v. Eric Holder, Jr.

MEMORANDUM

Agustín Martinez-Villa, 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 decision denying his applications for cancellation of removal, asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Zehatye v. Gonzales, 458 F.3d 1182, 1184-85 (9th Cir.2006), and de novo questions of law, Brezilien v. Holder, 569 F.3d 403, 411 (9th Cir.2009). We dismiss in part and deny in part the petition for review.

Because Martinez-Villa did not argue to the BIA that his conviction for possession for sale of methamphetamine did not constitute an aggravated felony, we lack jurisdiction to consider this new challenge. See Abebe v. Mukasey, 554 F.3d 1203, 1208 (9th Cir.2009) (claim raised in notice of appeal but not pursued in the later-filed brief to the BIA is not properly exhausted). Accordingly his cancellation of removal and asylum claims fail.

We also lack jurisdiction to consider Martinez-Villa’s new claim that the agency applied the wrong…