Zhou

Zhou v. Gonzales

Good Law
121 F. App'x 758
United States Court of Appeals for the Ninth CircuitFebruary 10, 2005No. 02-74453California339 words

Opinion

Lead Opinion

MEMORANDUM ***

Han Hui Zhou, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance without opinion of an Immigration Judge’s (“IJ”) denial of his applications for withholding of removal and relief under the Convention Against Torture (“CAT”). We dismiss the petition for lack of jurisdiction.

The IJ denied Zhou’s application for withholding of removal on two grounds. First, the IJ concluded that Zhou “has been convicted of an aggravated felony and sentenced to five years” and is therefore statutorily ineligible for withholding. See 8 U.S.C. § 1231 (b)(3)(B). In this court, Zhou contends that the reasoning of United States v. Corona-Sanchez, 291 F.3d 1201 (9th Cir.2002) (en banc), excludes sentencing enhancements from counting toward the 5-year calculation. This argument was not, however, exhausted before *760 the BIA. We therefore lack jurisdiction to consider it. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (holding that exhaustion is mandatory and jurisdictional); cf. Unuakhaulu v. Ashcroft, 392 F.3d 1024, 1028 (9th Cir.2004) (“ ‘[Wjhen the alien has been sentenced to an aggregate term of imprisonment of…

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