Abraham Uribe v. JEFFERSON B. SESSIONS III, Attorney General

14-73559Court of Appeals for the Ninth CircuitDec 20, 2017

Full text

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ABRAHAM URIBE,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 14-73559
Agency No. A200-505-536
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 18, 2017**
Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges.
Abraham Uribe, a native and citizen of Mexico, petitions for review of the
Board of Immigration Appeals’ order dismissing his appeal from an immigration
judge’s denial of his motion to terminate proceedings. We dismiss the petition for
review.
* 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 20 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 14-73559
We lack jurisdiction to consider Uribe’s unexhausted contentions regarding
the effect of California Penal Code § 1203.43 on his controlled substance
conviction. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir. 2010) (the court
lacks jurisdiction to consider legal claims not presented to the agency in the alien’s
proceedings).
We also lack jurisdiction to review Uribe’s request for remand for purposes
of seeking a favorable exercise of prosecutorial discretion. See Vilchiz-Soto v.
Holder, 688 F.3d 642, 644 (9th Cir. 2012) (order).
PETITION FOR REVIEW DISMISSED.

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