Armando Angeles-Hernandez, a.k.a. Villareal Jose Castro, a.k.a. Victor Manuel… v. ERIC H. HOLDER, Jr., Attorney General

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ARMANDO ANGELES-HERNANDEZ,
a.k.a. Villareal Jose Castro, a.k.a. Victor
Manuel Patino-Gardumo,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-71780
Agency No. A095-790-675
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 27, 2011**
Before: SILVERMAN, W. FLETCHER, and MURGUIA, Circuit Judges.
Armando Angeles-Hernandez, a native and citizen of Mexico, petitions pro
se for review of the Board of Immigration Appeals’ (“BIA”) order denying his
motion to remand and dismissing his appeal from an immigration judge’s (“IJ”)
FILED
OCT 06 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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removal order. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for
abuse of discretion the denial of a motion to remand, Castillo-Perez v. INS, 212
F.3d 518, 523 (9th Cir. 2000), and we deny in part and dismiss in part the petition
for review.
The BIA did not abuse its discretion in denying Angeles-Hernandez’s
motion to remand based on ineffective assistance of counsel at his bond hearing
where he failed to comply with the requirements set forth in Matter of Lozada, 19
I. & N. Dec. 637, 639 (BIA 1988), and the ineffective assistance he alleges is not
plain on the face of the record. See Reyes v. Ashcroft, 358 F.3d 592, 597-99 (9th
Cir. 2004). We do not consider the materials attached to Angeles-Hernandez’s
opening brief because they are not part of the administrative record. Dent v.
Holder, 627 F.3d 365, 371 (9th Cir. 2010).
We lack jurisdiction to consider Angeles-Hernandez’s claim of ineffective
assistance of counsel in the presentation of his application for cancellation of
removal because he failed to exhaust this claim before the BIA. Barron v.
Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004).
We lack jurisdiction to review the BIA’s discretionary determination that
Angeles-Hernandez failed to demonstrate exceptional and extremely unusual
hardship to a qualifying relative in support of his application for cancellation of

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removal. Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005). We also
lack jurisdiction to consider Angeles-Hernandez’s contention that the IJ failed to
consider some of his hardship evidence because this is not a colorable legal or
constitutional claim. See Mendez-Castro v. Mukasey, 552 F.3d 975, 978-80 (9th
Cir. 2009).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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