ANDRADE VARGAS v. SESSIONS III (2018)

MEMORANDUM **

Francisco Andrade-Vargas, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for cancellation of removal. We dismiss the petition for review.

We lack jurisdiction to review the agency’s discretionary determination that Andrade-Vargas failed to show exceptional and extremely unusual hardship to his qualifying relatives. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005). Although the court would retain jurisdiction over colorable questions of law and constitutional claims, Andrade-Vargas has raised no such contention. See id.

Andrade-Vargas contends the IJ failed to consider the hardship his children would face in Mexico, due to general dangers and their lack of Spanish fluency. We lack jurisdiction to consider this unexhausted contention, where Andrade-Vargas and his witnesses previously testified that his children would remain in the United States following his removal. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir. 2010) (no jurisdiction to review legal claims not presented in the petitioner’s administrative proceedings before the BIA).

To the extent Andrade-Vargas contends the IJ erred in denying his alleged request for a continuance or administrative closure, we lack jurisdiction to consider this unexhausted contention. Id.

PETITION FOR REVIEW DISMISSED.