Escobar

MEMORANDUM ***

Sandro Garcia Escobar, aka Faustino Antonio Urias Martinez, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“Board”) summary affirmance without opinion of an immigration judge’s (“IJ”) order finding him removable and granting voluntary departure. Our jurisdiction arises pursuant to 8 U.S.C. § 1252 . We dismiss in part and deny in part the petition for review.

Petitioner contends that the IJ erred by denying him cancellation of removal. However, the record demonstrates that petitioner never applied for such form of relief. Accordingly, we lack jurisdiction to consider this contention. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (explaining that this court lacks jurisdiction to consider issues not exhausted before the agency).

Petitioner’s equal protection challenge to the Nicaraguan and Central American Relief Act (“NACARA”) is foreclosed by our decision in Jimenez-Angeles v. Ashcroft, 291 F.3d 594, 602-03 (9th Cir.2002) (“Congress’s decision to afford more favorable treatment to certain aliens ‘stems from a rational diplomatic decision to encourage such aliens to remain in the United States’ ”).…