Santos Gonzalez Martinez v. Jefferson Sessions

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS NOV 20 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT SANTOS GONZALEZ MARTINEZ, AKA No. 15-70881 Ananias Mateo Mateo, Agency No. A088-717-703 Petitioner, v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted November 15, 2017** Before: CANBY, TROTT, and GRABER, Circuit Judges. Santos Gonzalez Martinez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) removal order. We dismiss the petition for review. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). We lack jurisdiction to review the BIA’s order dismissing Gonzalez Martinez’s appeal from an IJ’s removal order because he waived his right of appeal, and thereby failed to exhaust his administrative remedies. See Joo v. INS, 813 F.2d 211, 212 (9th Cir. 1987) (“A waiver of the right to appeal is a failure to exhaust administrative remedies.”). To the extent Gonzalez Martinez contends the waiver was invalid because his former counsel failed to ask if he feared persecution or harm in Guatemala, we lack jurisdiction to consider this unexhausted contention. See Zara v. Ashcroft, 383 F.3d 927, 930 (9th Cir. 2004) (“A petitioner cannot satisfy the exhaustion requirement by making a general challenge to the IJ’s decision, but, rather, must specify which issues form the basis of the appeal.”); Brown v. Holder, 763 F.3d 1141, 1146 (9th Cir. 2014) (requiring petitioner to exhaust challenge to waiver of appeal). We lack jurisdiction to consider Gonzalez Martinez’s request for prosecutorial discretion. See Vilchiz-Soto v. Holder, 688 F.3d 642, 644 (9th Cir. 2012) (order). PETITION FOR REVIEW DISMISSED. 2 15-70881 15-70881 Court of Appeals for the Ninth Circuit ca9 9th Cir. Santos Gonzalez Martinez v. Jefferson Sessions 20 November 2017 Agency Unpublished 1fb805972d1550295c0bfac922320d2187b0a5b7

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