WELMER OCHOA-DELEON, AKA Carlos Deleon-Ochoa, AKA Lalo Ochoa, AKA Lola Ochoa, AKA… v. JEFFERSON B. SESSIONS III, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
WELMER OCHOA-DELEON, AKA Carlos
Deleon-Ochoa, AKA Lalo Ochoa, AKA
Lola Ochoa, AKA Otto Ochoa, AKA
Welmer Dionel Ochoa,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 16-71693
Agency No. A200-245-963
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.
Welmer Ochoa-Deleon, a native and citizen of Guatemala, petitions pro se
for review of the Board of Immigration Appeals’ order dismissing his appeal from
an immigration judge’s decision denying his request for a continuance and denying
* 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 21 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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his application for cancellation of removal. Our jurisdiction is governed by 8
U.S.C. § 1252. We deny in part and dismiss in part the petition for review.
Ochoa-Deleon has waived any challenge to the agency’s denial of his
request for a continuance and his application for cancellation of removal. See Rizk
v. Holder, 629 F.3d 1083, 1091 n.3 (9th Cir. 2011) (issues not raised in an opening
brief are waived).
We lack jurisdiction to consider Ochoa-Deleon’s unexhausted contentions
regarding asylum and related relief. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th
Cir. 2010) (the court lacks jurisdiction to consider legal claims not presented in an
alien’s administrative proceedings before the agency). Accordingly, we deny his
related request for judicial notice. See Dent v. Holder, 627 F.3d 365, 371 (9th Cir.
2010) (stating standard for review of out-of-record evidence).
We lack jurisdiction to consider Ochoa-Deleon’s request for prosecutorial
discretion. See Vilchiz-Soto v. Holder, 688 F.3d 642, 644 (9th Cir. 2012) (order).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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