Texte intégral
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARVIN MAURICIO SEGOVIA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 13-70031
Agency No. A095-002-413
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 17, 2013**
Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.
Marvin Mauricio Segovia, a native and citizen of El Salvador, petitions pro
se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his
appeal from an immigration judge’s (“IJ”) removal order. Our jurisdiction is
governed by 8 U.S.C. § 1252. We review de novo questions of law, Latter-Singh
FILED
DEC 18 2013
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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v. Holder, 668 F.3d 1156, 1159 (9th Cir. 2012), and we deny in part and dismiss in
part the petition for review.
The BIA correctly determined that Segovia is statutorily ineligible for
cancellation of removal because his conviction under California Penal Code
§ 487(d)(1) is for a crime involving moral turpitude. See 8 U.S.C.
§§ 1182(a)(2)(A)(i)(I), 1229b(b)(1)(C); United States v. Esparza-Ponce, 193 F.3d
1133, 1136-37 (9th Cir. 1999) (holding that California theft constitutes a crime of
moral turpitude).
We lack jurisdiction to consider Segovia’s unexhausted contentions
regarding the alleged ineffective assistance of counsel, the IJ’s alleged failure to
grant a continuance, and his eligibility for asylum. 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.”)
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
13-70031 2
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