Omar Cruz Rodriguez v. JEFF B. SESSIONS, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
OMAR CRUZ RODRIGUEZ,
Petitioner,
v.
JEFF B. SESSIONS, Attorney General,
Respondent.
No. 15-72487
Agency No. A204-371-716
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 14, 2017**
Before: GOODWIN, FARRIS, and FERNANDEZ, Circuit Judges.
Omar Cruz Rodriguez, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
FILED
FEB 22 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 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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immigration judge’s order of removal. Our jurisdiction is governed by 8 U.S.C. §
§ 1252. We dismiss in part and deny in part the petition for review.
We lack jurisdiction to consider Cruz Rodriguez’ collateral attack upon his
California controlled substance conviction. See Ramirez-Villalpando v. Holder,
645 F.3d 1035, 1041 (9th Cir. 2010) (holding that petitioner could not collaterally
attack his state court conviction on a petition for review of a BIA decision).
We lack jurisdiction to consider Cruz Rodriguez’ eligibility for Deferred
Action for Childhood Arrivals, see Vilchiz-Soto v. Holder, 688 F.3d 642, 644 (9th
Cir. 2012) (order); 8 U.S.C. § 1252(g), and Cruz Rodriguez has not shown any
error in the BIA’s decision not to remand.
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
15-72487 2

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