Mendez Castillo v. Holder

FILED NOT FOR PUBLICATION JUN 11 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ROLANDO MENDEZ CASTILLO, No. 07-71227 Petitioner, Agency No. A070-781-777 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. Rolando Mendez Castillo, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ order denying his motion to reopen. 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 Mendez Castillo’s claim that he did not receive notice of his October 15, 1996, hearing because he has not yet raised that claim before the immigration judge and thereby has failed to exhaust his administrative remedies. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004) (explaining that this court lacks jurisdiction to review contentions not raised before the agency). PETITION FOR REVIEW DISMISSED. 2 07-71227