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NOT FOR PUBLICATION DEC 20 2016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
URI CAMPOS AVALOS, No. 15-70919
Petitioner, Agency No. A092-658-407
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.
Uri Campos Avalos, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s order of removal. Our jurisdiction is governed by 8 U.S.C.
§ 1252. We deny in part and dismiss in part 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).
Campos Avalos fails to raise, and therefore has waived, any challenge to the
agency’s determinations. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80
(9th Cir. 2013) (a petitioner waives a contention by failing to raise it in the opening
brief).
We lack jurisdiction to consider Campos Avalos’ unexhausted contentions
that his removal proceedings should be reopened and that he established he would
be persecuted due to his expressed views against the government of Mexico. 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).
We lack jurisdiction to consider Campos Avalos’ 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.
2 15-70919