FILED
NOT FOR PUBLICATION JUL 26 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MANUEL BALBUENA RIVERA, a.k.a. No. 06-73815
Manuel Rivera-Balbuena,
Agency No. A091-878-213
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 29, 2010 **
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
Manuel Balbuena Rivera, a native and citizen of Mexico, petitions pro se for
review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming
an immigration judge’s (“IJ”) decision denying his application for lawful
permanent resident cancellation of removal. Our jurisdiction is governed by
*
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).
8 U.S.C. § 1252. We review de novo questions of law, Altamirano v. Gonzales,
427 F.3d 586, 591 (9th Cir. 2005), and we dismiss in part and deny in part the
petition for review.
We lack jurisdiction to review Balbuena Rivera’s contention that the IJ erred
in finding him removable because he failed to raise that issue before the agency.
See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004) (exhaustion is generally
mandatory and jurisdictional); see also Abebe v. Mukasey, 554 F.3d 1203, 1207-08
(9th Cir. 2009) (en banc) (issues raised in the notice of appeal but not argued in the
brief to BIA are not exhausted).
We also lack jurisdiction to review the IJ’s discretionary denial of Balbuena
Rivera’s application for cancellation of removal. See 8 U.S.C. § 1252(a)(2)(B)(i).
The IJ did not err by considering evidence outside the record of conviction
to determine whether discretion should be favorably exercised. See Tokatly v.
Ashcroft, 371 F.3d 613, 621 (9th Cir. 2004).
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
2 06-73815