Lopez-Hernandez v. Holder

FILED NOT FOR PUBLICATION JUN 09 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT JAIME LOPEZ-HERNANDEZ, No. 05-76882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