Silvia Claros v. JEFFERSON B. SESSIONS III, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SILVIA CLAROS,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 15-70376
Agency No. A087-308-623
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 13, 2018**
Before: LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges.
Silvia Claros, a native and citizen of El Salvador, petitions for review of the
Board of Immigration Appeals’ decision dismissing her appeal from an
immigration judge’s order denying adjustment of status. 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
FEB 21 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2 15-70376
We lack jurisdiction to review Claros’ unexhausted contention that she has
carried her burden of showing eligibility for adjustment of status because the
record of conviction is inconclusive due to the definition of “cocaine base” in
California allegedly including substances that are not controlled under the
Controlled Substances Act. 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, to the extent
Claros requests we take judicial notice of the related documents attached to her
opening brief, we deny her request. See Dent v. Holder, 627 F.3d 365, 371 (9th
Cir. 2010) (stating standard for review of out-of-record evidence).
Because the court issued its decision in Almanza-Arenas v. Lynch, 815 F.3d
469 (9th Cir. 2015), Claros’ request to hold this case in abeyance pending that
decision is denied as moot.
PETITION FOR REVIEW DISMISSED.

-- 2 of 2 --