FILED
NOT FOR PUBLICATION DEC 20 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
CORNELIO CIPRIANO ALONZO- No. 14-73436
LOPEZ,
Agency No. A205-056-114
Petitioner,
v. MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 14, 2016**
Before: WALLACE, LEAVY, and FISHER, Circuit Judges.
Cornelio Cipriano Alonzo-Lopez, a native and citizen of Guatemala,
petitions for review of the Board of Immigration Appeals’ (“BIA”) order
dismissing his appeal from an immigration judge’s (“IJ”) order of removal. Our
jurisdiction is governed by 8 U.S.C. § 1252. We review de novo claims of
*
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).
constitutional violations. Ibarra-Flores v. Gonzales, 439 F.3d 614, 620 (9th Cir.
2006). We deny in part and dismiss in part the petition for review.
Alonzo-Lopez contends that his hearing did not comport with due process
because the IJ allegedly did not make clear to him that his representative was not
an attorney. Contrary to this contention, the record shows that Alonzo-Lopez
received a fundamentally fair hearing that allowed him to reasonably present his
case, where the IJ sufficiently questioned Alonzo-Lopez regarding potentially
applicable forms of relief from removal, Alonzo-Lopez expressly testified that he
did not fear return to Guatemala, and he did not indicate any other basis for relief
in response to the IJ’s questions. See id. at 620-21 (“The BIA’s decision will be
reversed on due process grounds if (1) the proceeding was so fundamentally unfair
that the alien was prevented from reasonably presenting his case, and (2) the alien
demonstrates prejudice, which means that the outcome of the proceeding may have
been affected by the alleged violation.” (internal citation and quotation marks
omitted)).
To the extent petitioner raises a regulatory violation, a violation of his right
to counsel, or a challenge to the requirements of Matter of Lozada, 19 I. & N. Dec.
637 (BIA 1988), this court lacks jurisdiction to consider these unexhausted
contentions. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir. 2010).
2 14-73436
We also lack jurisdiction to consider Alonzo-Lopez’ contention that his case
should be remanded for consideration of 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.
3 14-73436