Maricela Castillo Valencia v. Jefferson Sessions

FILED NOT FOR PUBLICATION FEB 22 2017 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT MARICELA CASTILLO VALENCIA, No. 15-73274 AKA Maricela Alvarez, Agency No. A205-712-891 Petitioner, v. MEMORANDUM* JEFFERSON B. SESSIONS, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 14, 2017** Before: GOODWIN, FARRIS, and FERNANDEZ, Circuit Judges. Maricela Castillo Valencia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order affirming without opinion an immigration judge’s (“IJ”) decision denying a continuance and relief from * 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). removal. We dismiss the petition for review. We lack jurisdiction to consider Castillo Valencia’s unexhausted challenges to the IJ’s denial of a continuance. See Zara v. Ashcroft, 383 F.3d 927, 931 (9th Cir. 2004) (the exhaustion requirement applies to streamlined cases). To the extent Castillo Valencia contends that former counsel’s failure to raise certain arguments to the IJ constituted ineffective assistance of counsel or that her convictions did not render her ineligible for relief, we also lack jurisdiction to consider those unexhausted contentions. Id. PETITION FOR REVIEW DISMISSED. 2 15-73274