FRANCISCO VICTOR ARREDONDO, AKA Francisco Arredondo v. WILLIAM P. BARR, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
FRANCISCO VICTOR ARREDONDO,
AKA Francisco Arredondo,
Petitioner,
v.
WILLIAM P. BARR, Attorney General,
Respondent.
No. 13-73424
Agency No. A205-719-008
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 11, 2019**
Before: WALLACE, CANBY, and TASHIMA, Circuit Judges.
Francisco Victor Arredondo, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s decision denying cancellation of removal. Our
jurisdiction is governed by 8 U.S.C. § 1252. We review de novo questions of law.
* 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 16 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 13-73424
Cabantac v. Holder, 736 F.3d 787, 792 (9th Cir. 2013). We deny in part and
dismiss in part the petition for review.
The agency did not err in determining Arredondo is ineligible for
cancellation of removal, where the record shows the state court entered a formal
judgement of guilt against him for an offense relating to a controlled substance.
See 8 U.S.C. § 1101(a)(43)(A) (“The term ‘conviction’ means, with respect to an
alien, a formal judgment of guilt of the alien entered by a court. . .”); 8 U.S.C.
§ 1229b(b)(1)(C) (making ineligible for cancellation of removal anyone who has
been convicted of an offense under 8 U.S.C. § 1182(a)(2)); 8 U.S.C.
§ 1182(a)(2)(A)(i)(II) (describing aliens convicted of any law relating to a
controlled substance).
We lack jurisdiction to review Arredondo’s unexhausted contention that the
agency should be estopped from using his conviction to deny relief from removal.
See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir. 2010) (“We lack jurisdiction to
review legal claims not presented in an alien’s administrative proceedings before
the BIA.”).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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