GARCIA CEJA AKA v. WHITAKER (2018)

MEMORANDUM **

Roberto Garcia Ceja, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his applications for cancellation of removal and a waiver under former 8 U.S.C. § 1182(c). Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo questions of law. Segura v. Holder, 605 F.3d 1063, 1066 (9th Cir. 2010). We deny in part and dismiss in part the petition for review.

The agency did not err in concluding that Garcia Ceja’s admission as a legal permanent resident was not lawful, where he had been previously convicted of felony possession of cocaine. See id. (“Although an alien may have been admitted for permanent residence, he has not been lawfully admitted for permanent residence if he was precluded from obtaining permanent resident status due to an inability to meet the prerequisites.”); 8 U.S.C. § 1255a(b)(1)(C)(ii) (requiring the applicant to establish that he has not been convicted of any felony). Accordingly, the agency did not err in finding Garcia Ceja ineligible for cancellation of removal and a waiver of inadmissibility. See 8 U.S.C. §§ 1229b(a), 1182(c) (repealed 1996) (both requiring “lawful admission” as a prerequisite to relief).

We lack jurisdiction to consider Garcia Ceja’s unexhausted contention that the government waived the admissibility requirement in his case. 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.