FILED
NOT FOR PUBLICATION SEP 01 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
RODOLFO ALEJANDRO No. 07-72802
MALDONADO CRUZ,
Agency No. A070-944-681
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 10, 2010 **
Before: O’SCANNLAIN, HAWKINS, and IKUTA, Circuit Judges.
Rodolfo Alejandro Maldonado Cruz, a native and citizen of Peru, petitions
for review of the Board of Immigration Appeals’ (“BIA”) order affirming an
immigration judge’s (“IJ”) certified decision denying his application for
*
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).
adjustment of status. Our jurisdiction is governed by 8 U.S.C. § 1252. We deny in
part and dismiss in part the petition for review.
Contrary to Maldonado Cruz’s contention, the BIA was not required to
revisit his removability finding on remand because the IJ found Maldonado Cruz
removable at his May 1, 1998, hearing based on his concession of removability and
he never challenged that removability finding. See Lolong v. Gonzales, 484 F.3d
1173, 1178 (9th Cir. 2007) (en banc) (finding of removability automatically
reinstated upon subsequent denial of relief).
We lack jurisdiction to consider Maldonado Cruz’s voluntary departure
claim because he did not exhaust this claim before the BIA. See Barron v.
Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004) (this court lacks jurisdiction to
review contentions not raised before the agency).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 07-72802