Rivas-Gomez

MEMORANDUM **

This petition for review attempts to raise the question of whether a conviction under Oregon Revised Statutes (“ORS”) § 163.355 (rape in the third degree), which criminalizes as a felony “sexual intercourse with another person under 16 years of age,” constitutes an aggravated felony within the meaning of 8 U.S.C. § 1101 (a)(43)(A). We conclude, however, that this issue is not properly before us because it was not raised either before the Immigration Judge (“IJ”) or with the Board of Immigration Appeals (“BIA”) on appeal from the IJ’s decision. Rivas-Gomez raised this issue for the first time in a motion to reconsider filed with the BIA, a motion that was denied on the correct ground that it was “inappropriate to make such an argument for the first time in a motion to reconsider.” Petitioner did not challenge this ruling in a petition for review.

“As a general rule, issues not raised before an administrative tribunal cannot be raised on appeal from that tribunal.” Bagues-Valles v. INS, 779 F.2d 483, 484 (9th Cir.1985); see INA § 242(d)(1), 8 U.S.C. § 1252 (d)(1) (providing that a “court may review a final order of removal only if ... the alien has exhausted all…