Amjad Rana v. Holder ( 2009 )

Not for Publication in West's Federal Reporter
United States Court of Appeals
For the First Circuit
No. 08-2245
AMJAD ALI RANA,
Petitioner,
v.
ERIC H. HOLDER, JR.,* ATTORNEY GENERAL,
Respondent.
PETITION FOR REVIEW OF AN ORDER
OF THE BOARD OF IMMIGRATION APPEALS
Before
Lynch, Chief Judge,
Selya and Howard, Circuit Judges.
William E. Graves, Jr. and Graves & Doyle on brief for
petitioner.
Surell Brady, Office of Immigration Litigation, U.S.
Department of Justice, Terri J. Scadron, Assistant Director, Office
of Immigration Litigation, and Michael F. Hertz, Acting Assistant
Attorney General, Civil Division, on brief for respondent.
June 24, 2009
*
Pursuant to Fed. R. App. P. 43(c)(2), Attorney General
Eric H. Holder, Jr. has been substituted for former Attorney
General Michael B. Mukasey as the respondent.
PER CURIAM. Petitioner Amjad Ali Rana, a native and
citizen of Pakistan, petitions for review of a final order of
removal from the Board of Immigration Appeals ("BIA"). His sole
argument in his petition is that the BIA erred in finding him
inadmissible under 8 U.S.C. § 1182(a)(9)(C)(i)(II), which renders
inadmissible certain aliens who illegally reenter the United States
after being ordered removed, because he reentered the United States
prior to the statute's effective date. Rana did not present this
argument to the BIA.
Exhaustion of administrative remedies is a prerequisite
for judicial review of a final order of removal from the BIA. 8
U.S.C. § 1252(d)(1). Where, as here, the petitioner fails to
present an argument to the BIA, he has not exhausted his
administrative remedies, see, e.g., Mejia-Rodriguez v. Holder, 558
F.3d 46, 50 (1st Cir. 2009); Chhay v. Mukasey, 540 F.3d 1, 5 (1st
Cir. 2008); Sunoto v. Gonzales, 504 F.3d 56, 59 (1st Cir. 2007); Un
v. Gonzales, 415 F.3d 205, 210-11 (1st Cir. 2005), and we lack
jurisdiction to decide the issue.
The petition for review is dismissed.
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