PICHARDO VAZQUEZ v. SESSIONS III (2018)

MEMORANDUM **

Jose Luis Pichardo-Vazquez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his applications for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We deny in part and dismiss in part the petition for review.

Pichardo-Vazquez does not raise, and therefore he waives, any challenge to the agency’s determination that he is statutorily ineligible for cancellation of removal, because he was incarcerated for more than 180 days as a result of a criminal conviction. See Corro-Barragan v. Holder, 718 F.3d 1174, 1177 n.5 (9th Cir. 2013) (failure to contest issue in opening brief resulted in waiver).

We lack jurisdiction to consider Pichardo-Vazquez’s unexhausted contention that his pretrial detention was unconstitutional and therefore should not count as confinement under 8 U.S.C. § 1101(f)(7). 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).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.