Jorge Medrano-Cortez v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION MAR 01 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JORGE ALBERTO MEDRANO- No. 09-70570
CORTEZ,
Agency No. A017-259-069
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 21, 2012 **
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Jorge Alberto Medrano-Cortez, a native and citizen of El Salvador, petitions
pro se for review of a Board of Immigration Appeals’ order dismissing his appeal
from an immigration judge’s 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 over this petition for review because Medrano-Cortez
knowingly, intelligently, and voluntarily waived his right to appeal. See United
States v. Estrada-Torres, 179 F.3d 776, 781 (9th Cir. 1999) (“Because the
immigration judge explained the right to appeal to Estrada-Torres (with the other
deportees) and individually asked him specifically if he wanted to appeal his
deportation order, his waiver of his right to appeal was ‘considered and
intelligent.’”), overruled on other grounds in United States v. Rivera-Sanchez, 247
F.3d 905 (9th Cir. 2001); See Joo v. INS, 813 F.2d 211, 212 (9th Cir. 1987) (per
curiam) (“A waiver of the right to appeal is a failure to exhaust administrative
remedies.”).
In light of our disposition, we need not reach Medrano-Cortez’s remaining
contentions.
PETITION FOR REVIEW DISMISSED.
2 09-70570