FILED
NOT FOR PUBLICATION JAN 24 2017
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
EDWIN LEON-ORRELLANO, AKA No. 13-72318
Edwin Leon-Arellano, AKA Wilson Cain
Ramos, Agency No. A095-625-612
Petitioner,
MEMORANDUM*
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 18, 2017**
Before: TROTT, TASHIMA, and CALLAHAN, Circuit Judges.
Edwin Leon-Orrellano, a native and citizen of Honduras, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s order of removal. We dismiss the petition for review.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
We lack jurisdiction over Leon-Orrellano’s petition for review. Leon-
Orrellano’s waiver of his right to appeal constitutes a failure to exhaust his
administrative remedies. See 8 U.S.C. § 1252(d)(1); 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). Moreover,
Leon-Orrellano failed to exhaust his contentions that his waiver of appeal was not
knowing and intelligent, see Brown v. Holder, 763 F.3d 1141,1097 (9th Cir. 2014)
(“On appeal to the BIA, . . . Brown did not claim that the waiver was not knowing
and voluntary, and therefore we may not review this claim.”), or that his waiver
resulted from ineffective assistance of counsel, see Tijani, 628 F.3d at 1080.
PETITION FOR REVIEW DISMISSED.
2 13-72318