Guillermo Perez-Martinez v. MATTHEW G. WHITAKER, Acting Attorney General

+CORRECTED
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
GUILLERMO PEREZ-MARTINEZ,
Petitioner,
v.
MATTHEW G. WHITAKER, Acting
Attorney General,
Respondent.
No. 16-72256
+Agency No. A205-405-889
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 15, 2018 **
Before: SILVERMAN, BEA, and WATFORD, Circuit Judges.
Guillermo Perez-Martinez, a native and citizen of Mexico, petitions pro se
for review of the Board of Immigration Appeals’ order dismissing his appeal from
an immigration judge’s decision denying cancellation of removal. Our jurisdiction
* 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).
FILED
JAN 4 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 16-72256
is governed by 8 U.S.C. § 1252. We grant in part and dismiss in part the petition
for review.
The BIA did not have the benefit of Pereira v. Sessions, 138 S. Ct. 2105,
201 L. Ed. 2d 433 (2018), which held that a notice to appear that does not specify a
time and date of hearing does not trigger the stop-time rule, when it denied
cancellation of removal for failure to establish ten years of continuous physical
presence. Thus, we remand for the BIA to consider continuous physical presence
in light of Pereira.
We lack jurisdiction to review Perez-Martinez’s unexhausted contentions
regarding ineffective assistance of counsel. 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 GRANTED in part; DISMISSED in part;
and REMANDED.

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