Saleh

MEMORANDUM **

Abdul A. Saleh, a native and citizen of Afghanistan, petitions for review of an order of the Board of Immigration Appeals (“BIA”) summarily affirming an immigration judge’s (“LJ”) decision denying his application for lawful permanent resident cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 , Femandez-Ruiz v. Gonzales, 468 F.3d 1159, 1163 (9th Cir.2006), and we review questions of law de novo, id. We dismiss the petition for review in part, deny it in part, grant it in part, and remand for further proceedings.

We lack jurisdiction to review Saleh’s claim that the government did not show that his conviction occurred after September 30, 1996, as this contention was not exhausted before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (exhaustion is mandatory and jurisdictional).

We reject Saleh’s contention that he is not removable because 8 U.S.C. § 1227 (a)(2)(E) was retroactively applied to him. His conviction, which is the relevant proscribed act, occurred after the effective date of the statute. See Saravia-Paguada v. Gonzales, 488 F.3d 1122, 1132 (9th Cir.2007) (“[T]he past relevant conduct is an alien’s decision…