Alfredo Lopez Garcia 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NOT FOR PUBLICATION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
ALFREDO LOPEZ GARCIA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 12-70067
Agency No. A077-323-379
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 15, 2013**
Before: SILVERMAN, BEA, and NGUYEN, Circuit Judges.
Alfredo Lopez Garcia, 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 (“IJ”) removal order. We have jurisdiction under 8 U.S.C.
§ 1252. We review de novo questions of law, Padilla-Romero v. Holder, 611 F.3d
FILED
JAN 17 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-70067 2
1011, 1012 (9th Cir. 2010) (per curiam), and we deny in part and dismiss in part
the petition for review.
The agency properly concluded that Lopez Garcia is ineligible for
adjustment of status because of his conviction for possession of cocaine in
violation of California Health & Safety Code § 11350(a). See 8 U.S.C. §
1182(a)(2)(A)(i)(II) (a conviction for violating any state or federal law or
regulation “relating to a controlled substance,” as defined in 21 U.S.C. § 802(6),
renders an alien inadmissible); 8 U.S.C. § 1255(a)(2) (alien must be admissible at
the time he seeks adjustment of status).
To the extent Lopez Garcia challenges his bond proceedings before the IJ,
we lack jurisdiction to consider his challenge because he did not raise it in his brief
before the BIA. See Abebe v. Mukasey, 554 F.3d 1203, 1208 (9th Cir. 2009) (en
banc) (issues not argued in a petitioner’s BIA appeal brief are unexhausted, and the
court lacks jurisdiction to consider them).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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