Elmer Fuentes Hernandez v. Jefferson Sessions , 698 F. App'x 545 ( 2017 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 2 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ELMER STEVE FUENTES HERNANDEZ, No. 14-71200
Petitioner, Agency No. A206-421-638
v.
MEMORANDUM*
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
On Petition for Review of an
Immigration Judge’s Decision
Submitted September 26, 2017**
Before: SILVERMAN, TALLMAN, and N. R. SMITH, Circuit Judges.
Elmer Steve Fuentes Hernandez, a native and citizen of Honduras, petitions
for review of an immigration judge’s (“IJ”) order affirming the decision of an
asylum officer during expedited removal proceedings. We dismiss the petition for
review.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
We lack jurisdiction to review the IJ’s order because it was issued pursuant
to 8 U.S.C. § 1225(b)(1) and none of the exceptions to the restriction on judicial
review of expedited removal orders apply. See 8 U.S.C. § 1252(a)(2)(A)(iii) (“no
court shall have jurisdiction to review” determinations made under 8 U.S.C.
§ 1225(b)(1)(B)); Pena v. Lynch, 815 F.3d 452, 455-56 (9th Cir. 2016) (concluding
this court generally lacks jurisdiction to review removal orders issued pursuant to 8
U.S.C. § 1225(b)(1) and describing the limited exceptions).
PETITION FOR REVIEW DISMISSED.
2 14-71200