Gonzalez-Lopez

MEMORANDUM **

Antonio Gonzalez-Lopez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) decision finding that Gonzalez-Lopez’s conviction under 21 U.S.C. §§ 841 (a)(1) and 846 for conspiracy to possess with intent to distribute, and conspiracy to distribute, marijuana and cocaine, constituted an aggravated felony. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We review legal and constitutional questions de novo. Castillo-Perez v. INS, 212 F.3d 518, 523 (9th Cir.2000). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to consider Gonzalez-Lopez’s challenge to the IJ’s aggravated felony determination because he failed to raise this issue before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 677 (9th Cir.2004) (explaining that exhaustion is jurisdictional); see also Notash v. Gonzales, 427 F.3d 693, 696 (9th Cir.2005) (administrative exhaustion is required for all contentions that this Court has jurisdiction over, unless the claim is purely constitutional in nature).

We have jurisdiction to consider Gonzalez-Lopez’s…