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Abraham Juarez-Chavez v. Loretta E. Lynch, 13-71490 (2016)

Court: Court of Appeals for the Ninth Circuit Number: 13-71490
Filed: Jan. 27, 2016
Latest Update: Mar. 02, 2020
Summary: FILED NOT FOR PUBLICATION JAN 27 2016 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ABRAHAM JUAREZ-CHAVEZ, AKA No. 13-71490 Abraham Juarez, AKA Abraham Abraham Juarez, Agency No. A087-188-569 Petitioner, MEMORANDUM* v. LORETTA E. LYNCH, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted January 20, 2016** Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges. Abraham Juarez-Chavez, a nativ
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                                                                            FILED
                             NOT FOR PUBLICATION                             JAN 27 2016

                                                                         MOLLY C. DWYER, CLERK
                     UNITED STATES COURT OF APPEALS                       U.S. COURT OF APPEALS



                             FOR THE NINTH CIRCUIT


ABRAHAM JUAREZ-CHAVEZ, AKA                       No. 13-71490
Abraham Juarez, AKA Abraham Abraham
Juarez,                                          Agency No. A087-188-569

               Petitioner,
                                                 MEMORANDUM*
 v.

LORETTA E. LYNCH, Attorney General,

               Respondent.


                      On Petition for Review of an Order of the
                          Board of Immigration Appeals

                             Submitted January 20, 2016**

Before:        CANBY, TASHIMA, and NGUYEN, Circuit Judges.

      Abraham Juarez-Chavez, 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 motion for a continuance and ordering


          *
             This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
          **
             The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
him removed to Mexico. We have jurisdiction under 8 U.S.C. § 1252. We dismiss

the petition for review.

      We lack jurisdiction to review Juarez-Chavez’s unexhausted contention that

because his conviction for cocaine possession has been dismissed he is now

eligible for relief from removal, Tijani v. Holder, 
628 F.3d 1071
, 1080 (9th Cir.

2010), and we do not consider the extra-record materials that Juarez-Chavez

submitted with his briefs, see 8 U.S.C. § 1252(b)(4)(A) (the court’s review is

limited to the administrative record); see also Fisher v. INS, 
79 F.3d 955
, 963 (9th

Cir. 1996) (en banc) (to have additional documents considered, petitioner must file

a motion to reopen with the agency).

      PETITION FOR REVIEW DISMISSED.




                                          2                                      13-71490

Source:  CourtListener

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