Salazar

MEMORANDUM **

Elvin Mancilla Salazar, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo the agency’s legal determinations. See Moli-no-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002). We deny in part, dismiss in part, grant in part and remand the petition for review.

The BIA properly determined that Man-cilla Salazar was statutorily ineligible for cancellation of removal because he lacked a qualifying relative. See 8 U.S.C. § 1229b(b)(l)(D); see also Molina-Estrada, 293 F.3d at 1093-94 .

Mancilla Salazar’s challenge to the BIA’s streamlining procedure is foreclosed by Falcon Carriche v. Ashcroft, 350 F.3d 845, 852 (9th Cir.2003).

We lack jurisdiction over Mancilla Salazar’s contention that the IJ violated due process by preventing him from presenting his asylum claim, and over his ineffective assistance of counsel claim, because Man-cilla Salazar failed to exhaust these claims before the BIA. See Rashtabadi v. INS, 23 F.3d 1562, 1567…