Vizcaino-Cardona

MEMORANDUM *

We do not have jurisdiction to review Vizcaino-Cardona’s due process claim because it was not exhausted before the BIA. 8 U.S.C. § 1252 (d)(1); see Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004). Although we are mindful of the relevant presumptions in favor of pro se pleadings, see Agyeman v. INS, 296 F.3d 871, 877 (9th Cir.2002), Vizcaino-Cardona did not put the BIA on notice of his due process claim. See Kaganovich v. Gonzales, 470 F.3d 894, 897 (9th Cir.2006). Vizcaino-Cardona’s citation to Agyeman was inadequate to raise the issue that the IJ had violated his constitutional due process rights by depriving him of a full and fair hearing. Accordingly, the BIA did not have “a full opportunity to resolve [the] controversy or correct its own errors before judicial intervention.” Ladha v. INS, 215 F.3d 889, 903 (9th Cir.2000) (internal quotation marks omitted).

We do, however, have jurisdiction to review the BIA’s determination that Vizcaino-Cardona was statutorily ineligible for asylum because that determination was not based on his conviction of an enumerated criminal offense. The relevant statutory provision, 8 U.S.C. § 1252 (a)(2)(C), does not divest this…