Abraham Juarez-Chavez v. Loretta E. Lynch , 632 F. App'x 406 ( 2016 )

FILED
NOT FOR PUBLICATION JAN 27 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ABRAHAM JUAREZ-CHAVEZ, AKA No. 13-71490
Abraham Juarez, AKA Abraham Abraham
Juarez, Agency No. A087-188-569
Petitioner,
MEMORANDUM*
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 20, 2016**
Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.
Abraham Juarez-Chavez, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying his motion for a continuance and ordering
*
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).
him removed to Mexico. We have jurisdiction under 8 U.S.C. § 1252. We dismiss
the petition for review.
We lack jurisdiction to review Juarez-Chavez’s unexhausted contention that
because his conviction for cocaine possession has been dismissed he is now
eligible for relief from removal, Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir.
2010), and we do not consider the extra-record materials that Juarez-Chavez
submitted with his briefs, see 8 U.S.C. § 1252(b)(4)(A) (the court’s review is
limited to the administrative record); see also Fisher v. INS, 79 F.3d 955, 963 (9th
Cir. 1996) (en banc) (to have additional documents considered, petitioner must file
a motion to reopen with the agency).
PETITION FOR REVIEW DISMISSED.
2 13-71490