Lopez-Hernandez v. Holder , 382 F. App'x 636 ( 2010 )

FILED
NOT FOR PUBLICATION JUN 09 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JAIME LOPEZ-HERNANDEZ, No. 05-76882
Petitioner, Agency No. A072-880-847
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 25, 2010 **
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Jaime Lopez-Hernandez, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ order summarily affirming an immigration
judge’s decision finding him removable for participating in alien smuggling. We
dismiss the petition for review.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 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 Lopez-Hernandez’s unexhausted contentions
regarding his prior counsel’s alleged ineffective assistance, his entitlement to
warning pursuant to Miranda v. Arizona, 384 U.S. 436 (1966), and his right to
counsel. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004) (no jurisdiction
over legal claims not presented in administrative proceedings below).
PETITION FOR REVIEW DISMISSED.
2 05-76882