Veronica Sanchez Torres v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
VERONICA SANCHEZ TORRES,
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 17-73008
Agency No. A201-212-091
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 8, 2022**
Before: WALLACE, TALLMAN, and BYBEE, Circuit Judges.
Veronica Sanchez Torres, a native and citizen of Mexico, petitions pro se for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal
from an immigration judge’s decision denying her applications for cancellation of
removal, asylum, withholding of removal, and protection under the Convention
* 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
DEC 19 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252. We
review de novo questions of law, including claims of due process violations in
immigration proceedings. Padilla-Martinez v. Holder, 770 F.3d 825, 830 (9th Cir.
2014). We deny in part and dismiss in part the petition for review.
The BIA did not err in concluding that Sanchez Torres’s convictions for
petty theft under California Penal Code sections 484 and 666 are crimes involving
moral turpitude that render her ineligible for cancellation of removal. See 8 U.S.C.
§ 1229b(b)(1)(C); Silva v. Garland, 993 F.3d 705, 710, 717 (9th Cir. 2021)
(California theft constitutes a crime involving moral turpitude).
We do not address Sanchez Torres’s contentions as to exceptional and
extremely unusual hardship or other eligibility requirements for cancellation of
removal because the BIA did not deny relief on these grounds. See Santiago-
Rodriguez v. Holder, 657 F.3d 820, 829 (9th Cir. 2011) (“In reviewing the decision
of the BIA, we consider only the grounds relied upon by that agency.”).
We lack jurisdiction to consider Sanchez Torres’s contention that she is
eligible for asylum, withholding of removal, or CAT protection because she failed
to raise these issues before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 677-78
(9th Cir. 2004) (court lacks jurisdiction to review claims not presented to the BIA).
To the extent Sanchez Torres contends that the BIA violated due process,
she has not shown error. See Padilla-Martinez, 770 F.3d at 830 (“To prevail on a

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due-process claim, a petitioner must demonstrate both a violation of rights and
prejudice.”).
We do not consider the materials Sanchez Torres references and attaches to
her opening brief that are not part of the administrative record. See Fisher v. INS,
79 F.3d 955, 963-64 (9th Cir. 1996) (en banc).
The stay of removal remains in place until the mandate issues.
PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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