Jose Arias-Gutierrez v. Eric H. Holder Jr.

FILED
NOT FOR PUBLICATION SEP 27 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JOSE ADAN ARIAS-GUTIERREZ, No. 08-73575
Petitioner, Agency No. A098-458-522
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Jose Adan Arias-Gutierrez, 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 decision denying his application for cancellation of
*
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).
removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss in part and
deny in part the petition for review.
We lack jurisdiction to review Arias-Gutierrez’s ineffective assistance of
counsel claim because he failed to raise that issue before the BIA and thereby
failed to exhaust his administrative remedies. See Barron v. Ashcroft, 358 F.3d
674, 678 (9th Cir. 2004).
Arias-Gutierrez’s remaining contentions are unavailing.
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
2 08-73575