Gonzalez-Rios

MEMORANDUM **

Jorge Luis Gonzalez-Rios petitions for review of the Board of Immigration Appeals’ (BIA’s) decision adopting and affirming an Immigration Judge’s (IJ’s) decision ordering Gonzalez-Rios removed to Mexico, and denying Gonzalez-Rios’s motion to remand. In 2006, Gonzalez-Rios also filed a motion to remand with this Court, arguing that his conviction for cocaine trafficking is not categorically an aggravated felony. We deny Gonzalez-Rios’s 2006 motion to remand, but grant the petition for review. Because the parties are familiar with the factual and procedural history of this case, we need not recount it here.

We deny Gonzalez-Rios’s 2006 motion to remand for failure to exhaust administrative remedies. In his motion, Gonzalez argues that, pursuant to United States v. Rivera-Sanchez, 247 F.3d 905, 909 (9th Cir.2001) (en banc) superseded by statute on other grounds as noted in United States v. Vidal, 426 F.3d 1011, 1014-15 (9th Cir.2005), his conviction under California Health & Safety Code § 11352 was not categorically a conviction for an aggravated felony. However, Gonzalez-Rios did not raise this argument during any administrative proceedings before the IJ or the BIA,…