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NOT FOR PUBLICATION FEB 22 2017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
OMAR CRUZ RODRIGUEZ, No. 15-72487
Petitioner, Agency No. A204-371-716
v.
MEMORANDUM*
JEFF 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.
Omar Cruz Rodriguez, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
*
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).
immigration judge’s order of removal. Our jurisdiction is governed by 8 U.S.C. §
§ 1252. We dismiss in part and deny in part the petition for review.
We lack jurisdiction to consider Cruz Rodriguez’ collateral attack upon his
California controlled substance conviction. See Ramirez-Villalpando v. Holder,
645 F.3d 1035, 1041 (9th Cir. 2010) (holding that petitioner could not collaterally
attack his state court conviction on a petition for review of a BIA decision).
We lack jurisdiction to consider Cruz Rodriguez’ eligibility for Deferred
Action for Childhood Arrivals, see Vilchiz-Soto v. Holder, 688 F.3d 642, 644 (9th
Cir. 2012) (order); 8 U.S.C. § 1252(g), and Cruz Rodriguez has not shown any
error in the BIA’s decision not to remand.
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
2 15-72487