*1 Before DAVIS, CLEMENT, and COSTA, Circuit Judges.
PER CURIAM: [*]
Faustino Rojas, a native and citizen of Mexico, has filed a petition for review of the order by the Board of Immigration Appeals (BIA) upholding the immigration judge’s determination that he was removable pursuant to 8 U.S.C. § 1227(a)(2)(A)(iii) and § 1227(a)(2)(B). Rojas was originally charged in a notice to appear (NTA) in 2005 with removability under 8 U.S.C. § 1182(a)(2)(C) as an arriving alien. In 2014, the Department of Homeland *2 Case: 16-60660 Document: 00514201608 Page: 2 Date Filed: 10/19/2017
No. 16-60660
Security (DHS) withdrew the charge under § 1182(a)(2)(C) and added the charges under § 1227(a)(2)(A)(iii) and § 1227(a)(2)(B) in a Form I-261.
In his first argument, Rojas contends that DHS used the Form I-261 to improperly change his status from an arriving alien to an admitted alien. We have jurisdiction to review this argument pursuant to 8 U.S.C. § 1252(a)(2)(D). We review the BIA’s legal determinations de novo. Iruegas-Valdez v. Yates , 846 F.3d 806, 810 (5th Cir. 2017). Rojas’s argument is unavailing because the NTA alleged, and he conceded, that he was admitted to the United States as a legal permanent resident in 1983.
Rojas also contends that DHS was required under 8 U.S.C. § 1101(a)(13)(C)(vi) to charge him as an arriving alien following his unauthorized entry into the United States in July 2015. Rojas did not raise this argument before the BIA, and we lack jurisdiction to review it. See § 1252(d)(1); Omari v. Holder , 562 F.3d 314, 318-19 (5th Cir. 2009).
The petition for review is DENIED.
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[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.