Francisco Bahena Rosas v. Eric Holder, Jr. , 411 F. App'x 970 ( 2011 )

FILED
NOT FOR PUBLICATION JAN 24 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
FRANCISCO BAHENA ROSAS, No. 09-70914
Petitioner, Agency No. A097-764-199
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 10, 2011 **
Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.
Francisco Bahena Rosas, 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 (“IJ”) removal order. 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 the agency’s discretionary determination that
Bahena Rosas lacks the good moral character required for cancellation of removal.
See Moran v. Ashcroft, 395 F.3d 1089, 1091 (9th Cir. 2005) (good moral character
determination is reviewable only where it is based on one of the statutory per se
exclusions found in 8 U.S.C. § 1101(f)), overruled on other grounds by Sanchez v.
Holder, 560 F.3d 1028, 1031-34 (9th Cir. 2009) (en banc).
We lack jurisdiction to consider Bahena Rosas’ contentions that the IJ was
biased and mischaracterized the evidence against him because Bahena Rosas failed
to exhaust these issues before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 677-
78 (9th Cir. 2004); see also Sanchez-Cruz v. INS, 255 F.3d 775, 779-80 (9th Cir.
2001).
PETITION FOR REVIEW DISMISSED.
2 09-70914