Marvin Ruano-Castillo v. Loretta E. Lynch , 615 F. App'x 465 ( 2015 )

FILED
NOT FOR PUBLICATION SEP 02 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARVIN ALEXANDER RUANO- No. 12-73641
CASTILLO, AKA Marvin Ruano,
Agency No. A090-128-448
Petitioner,
v. MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 25, 2015**
Before: McKEOWN, CLIFTON, and HURWITZ, Circuit Judges.
Marvin Alexander Ruano-Castillo, a native and citizen of Guatemala,
petitions for review of the Board of Immigrations Appeals’ order dismissing his
appeal from an immigration judge’s decision pretermitting his application for
cancellation of removal, and denying his applications for withholding of removal
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
and protection under the Convention Against Torture (“CAT”). We dismiss the
petition for review.
We lack jurisdiction to consider Ruano-Castillo’s sole contention, that a
conviction under California Penal Code § 496(a) does not categorically fall within
the definition of an aggravated felony theft offense because § 496(a) includes
receiving property that has been obtained through extortion, because Ruano-
Castillo failed to exhaust this contention before the agency. See Tijani v. Holder,
628 F.3d 1071, 1080 (9th Cir. 2010) (the court lacks jurisdiction to consider legal
claims not presented in an alien’s administrative proceedings).
PETITION FOR REVIEW DISMISSED.
2 12-73641