Benavides-Perez

MEMORANDUM ***

Ruben Benavides-Perez petitions for review of a decision of the Board of Immigration Appeals (“BIA”) affirming the opinion of the Immigration Judge (“IJ”) that he was removable as a person who had been convicted of an aggravated felony, pursuant to 8 U.S.C. § 1227 (a)(2)(A)(iii). He argues that the California statute defining false imprisonment is very broad, and therefore false imprisonment is not necessarily a crime of violence. In addition, he argues that the California statute which makes false imprisonment by violence a felony is merely a sentencing enhancement, and cannot be considered in determining whether his crime was an aggravated felony. Finally, he argues that the IJ erred in determining that his crime was a crime of violence, because the IJ relied on evidence that had been offered but not admitted.

Benavides-Perez did not raise the latter two arguments before the BIA; as such, he has not exhausted his administrative remedies as to these arguments, and we lack jurisdiction to consider them. See 8 U.S.C. § 1252 (d)(1); Farhoud v. INS, 122 F.3d 794, 796 (9th Cir.1997).

We do not have jurisdiction to review a final order of removal against an alien who…