Sanchez-Olivares v. Garland

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAY 1 2024 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JORGE SANCHEZ-OLIVARES, No. 21-1002 Agency No. Petitioner, A091-508-494 v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted April 22, 2024** Before: CALLAHAN, LEE, and FORREST, Circuit Judges. Jorge Sanchez-Olivares, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his motion to continue removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We deny 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).  Because Sanchez-Olivares does not challenge the agency’s denial of his motion to continue, we do not address it. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013). Sanchez-Olivares’s contentions regarding ineffective assistance of counsel are not properly before the court because he failed to raise them before the BIA. See 8 U.S.C. § 1252(d)(1) (exhaustion of administrative remedies required); see also Santos-Zacaria v. Garland, 598 U.S. 411, 417-19 (2023) (section 1252(d)(1) is a non-jurisdictional claim-processing rule); Puga v. Chertoff, 488 F.3d 812, 815- 16 (9th Cir. 2007) (ineffective assistance of counsel claims must be raised in a motion to reopen before the BIA). The temporary stay of removal remains in place until the mandate issues. PETITION FOR REVIEW DENIED. 2 21-1002