Carlos Luna-Garcia v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CARLOS LUNA-GARCIA,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 11-73092
Agency No. A072-254-731
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 24, 2016**
Pasadena, California
Before: GRABER and WATFORD, Circuit Judges, and TUNHEIM,*** Chief
District Judge.
Carlos Luna-Garcia petitions for review of the Board of Immigration
Appeals’ (BIA) order dismissing his appeal from the immigration judge’s (IJ)
FILED
FEB 24 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).
*** The Honorable John R. Tunheim, Chief District Judge for the U.S.
District Court for the District of Minnesota, sitting by designation.

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denial of his application for cancellation of removal. We dismiss Luna-Garcia’s
petition.
We lack jurisdiction to decide whether Luna-Garcia is eligible for
cancellation of removal. Luna-Garcia contends that the IJ’s decision is erroneous
because (1) his 1998 conviction under California Penal Code § 273.5 is not a
“crime of domestic violence” under 8 U.S.C. § 1227(a)(2)(E)(i), and (2) his 1998
conviction under California Health and Safety Code § 11383(c)(1) is not an
“aggravated felony” under 8 U.S.C. §§ 1101(a)(43)(B), 1227(a)(2)(A)(iii),
1229b(a)(3). He did not, however, raise these arguments before the BIA. His
claims are therefore unexhausted and fall outside our jurisdiction to review. See 8
U.S.C. § 1252(d)(1); Barron v. Ashcroft, 358 F.3d 674, 677–78 (9th Cir. 2004).
PETITION DISMISSED.

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