PUENTES v. WHITAKER (2018)

MEMORANDUM **

Tania A. Puentes, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her motion to terminate proceedings and ordering her removed. Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo questions of law. Martinez-Medina v. Holder, 673 F.3d 1029, 1033 (9th Cir. 2011). We deny in part and dismiss in part the petition for review.

The agency did not err in denying Puentes’s motion to terminate proceedings, because Samayoa-Martinez v. Holder, 558 F.3d 897, 901-02 (9th Cir. 2009), forecloses her contention that her statements to immigration officials at the border were obtained in violation of 8 C.F.R. § 287.3(c). We reject Puentes’ contention that de Rodriguez-Echeverria v. Mukasey, 534 F.3d 1047 (9th Cir. 2008), controls the result of her case.

We do not reach Puentes’s unexhausted contention that the agency erred in charging her as an arriving alien where she was paroled into the United States. See Zhang v. Ashcroft, 388 F.3d 713, 721 (9th Cir. 2004) (petitioner must sufficiently put the BIA on notice as to specific issues so that the BIA has an opportunity to pass on those issues).

Puentes’s motion to remand (Docket Entry No. 26) is denied.

PETITION FOR REVIEW DENIED in part; DISMISSED in part.