FILED
NOT FOR PUBLICATION OCT 26 2010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
MIGUEL HERNANDEZ-NAVARRO, No. 08-73895
Petitioner, Agency No. A92-187-850
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 19, 2010 **
Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
Miguel Hernandez-Navarro, 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 removal order. 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 Hernandez-Navarro’s contention that he
qualifies for relief under former section 212(c), 8 U.S.C. § 1182(c) (repealed
1996), as an inadmissible, rather than a removable, alien because he failed to
exhaust this claim before the agency. See Barron v. Ashcroft, 358 F.3d 674, 678
(9th Cir. 2004); see also Abebe v. Mukasey, 554 F.3d 1203, 1208 (9th Cir. 2009)
(en banc) (when a petitioner files a brief before the BIA, the petitioner will “be
deemed to have exhausted only those issues he raised and argued in his brief before
the BIA”) (internal citations omitted).
PETITION FOR REVIEW DISMISSED.
2 08-73895