Esquivel-Jimenez

MEMORANDUM **

Jose Concepcion Esquivel-Jimenez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) decision finding *633 Esquivel removable for alien smuggling under 8 U.S.C. § 1227 (a)(l)(E)(i) and denying his request for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review the IJ’s decision to determine whether substantial evidence supports a finding of removability by clear and convincing evidence. Nakamoto v. Ashcroft, 363 F.3d 874, 882 (9th Cir.2004). We dismiss in part and deny in part the petition.

Esquivel’s contention that the BIA’s streamlining procedure violates due process is foreclosed by Falcon Carriche v. Ashcroft, 350 F.3d 845, 852 (9th Cir.2003).

We lack jurisdiction to consider Esquivel’s contention that the IJ misconstrued the term “entry” as defined by 8 U.S.C. § 1227 (a)(2)(E)® because Esquivel failed to exhaust the issue before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004).

Substantial evidence supports the IJ’s finding that Esquivel’s was removable for alien smuggling under 8 U.S.C. § 1227 (a)(1)(E)® because…