Jose Abel Gamez-Perez v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSE ABEL GAMEZ-PEREZ,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 15-71141
Agency No. A200-699-267
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 14, 2016**
Before: BEA, WATFORD, and FRIEDLAND, Circuit Judges.
Jose Abel Gamez-Perez, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s (“IJ”) decision denying his application for cancellation of
removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo
FILED
JUN 20 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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questions of law. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005).
We dismiss in part and deny in part the petition for review.
We lack jurisdiction to consider Gamez-Perez’s unexhausted contentions
that the IJ erred and violated due process by relying on his criminal history in the
hardship analysis. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir. 2010) (we
lack jurisdiction to review legal claims not presented in an alien’s administrative
proceedings before the BIA).
Accordingly, Gamez-Perez’s contention that the BIA erred in failing to
address these claims is without merit, where he failed to raise them to the BIA.
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
15-71141 2

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