United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-2693 ___________________________ Byron Eduardo Perez-Garcia lllllllllllllllllllllPetitioner v. William P. Barr, Attorney General of the United States lllllllllllllllllllllRespondent ____________ Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: April 30, 2019 Filed: May 31, 2019 [Unpublished] ____________ Before COLLOTON, WOLLMAN, and KELLY, Circuit Judges. ____________ PER CURIAM. Guatemalan citizen Byron Eduardo Perez-Garcia petitions for review of an order of the Board of Immigration Appeals dismissing his appeal from an Immigration Judge’s decision denying him asylum, withholding of removal, and relief under the Convention Against Torture; and finding him ineligible for cancellation of removal. The only issues Perez-Garcia raises in this court were not administratively exhausted, and thus this court lacks jurisdiction to consider them. See Molino v. Whitaker, 910 F.3d 1056, 1061 (8th Cir. 2018) (failure to raise issue before agency amounts to failure to exhaust administrative remedies, and deprives this court of jurisdiction to hear matter); Baltti v. Sessions, 878 F.3d 240, 244-45 (8th Cir. 2017) (per curiam) (under 8 U.S.C. § 1252(d)(1), appellate court has jurisdiction to review final order of removal only if petitioner has exhausted all available administrative remedies; this court has interpreted this provision as reflecting Congress’s intent not only to require alien to pursue all levels of administrative review, but also to raise all issues before agency). The petition for review is dismissed. ______________________________ -2- 18-2693 Court of Appeals for the Eighth Circuit ca8 8th Cir. Byron Perez-Garcia v. William P. Barr 31 May 2019 Unpublished 39fc7b409397fb74ae97f5d31fb7db922a38e16d
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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals