PLASCENCIA FERNANDEZ v. BARR (2019)

MEMORANDUM **

Jorge Plascencia-Fernandez, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his request for a continuance and ordering him removed. Our jurisdiction is governed by 8 U.S.C. § 1252. We deny in part and dismiss in part the petition for review.

To the extent Plascencia-Fernandez challenges the agency’s denial of cancellation of removal and his request for a continuance, he has waived these contentions, because he advances no argument to support them. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (“Issues raised in a brief that are not supported by argument are deemed abandoned.”)

We lack jurisdiction to consider Plascencia-Fernandez’s unexhausted contentions that the IJ violated due process or that his former representative was ineffective. 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); Correa-Rivera v. Holder, 706 F.3d 1128, 1130 (9th Cir. 2013) (ineffective assistance of counsel claims can be raised by filing a motion to reopen with the agency).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.