Bilog

MEMORANDUM *

Bilog raises two arguments in support of his contention that the BIA erred in determining him to be removable pursuant to 8 U.S.C. § 1227 (a)(2)(E)©. First, Bilog argues that his conviction under Hawaii Revised Statute (HRS) § 709-906 was not for a “crime of violence” within the meaning of 18 U.S.C. § 16 (a). We do not have jurisdiction to consider this argument because it was not exhausted before the BIA. See Zara v. Ashcroft, 383 F.3d 927, 930 (9th Cir.2004). In order to exhaust an issue before the BIA, a petitioner must raise the issue in a manner sufficient “to put the BIA on notice” that he or she is challenging the IJ’s determination. Zhang v. Ashcroft, 388 F.3d 713, 721 (9th Cir. 2004). “[A] general challenge to the IJ’s decision is insufficient” to exhaust an issue before the BIA. Id. In order to exhaust an issue, “the petitioner must specify the issues appealed,” thus giving the BIA “an opportunity to pass on [the] issue[s].” Id.

Here, Bilog did not argue to the BIA that he was challenging the IJ’s determination that the conviction under HRS § 709-906 constituted a “crime of violence” within the meaning of 18 U.S.C. § 16 (a). To the contrary, in his brief…