FILED
NOT FOR PUBLICATION JAN 25 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ALFREDO RUIZ MARTINEZ, No. 09-70885
Petitioner, Agency No. A079-535-463
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 10, 2011 **
Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.
Alfredo Ruiz Martinez, a native and citizen of Mexico, petitions pro se for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s (“IJ”) removal order. Our jurisdiction is governed by
8 U.S.C. § 1252. We review de novo due process claims. Ram v. INS, 243 F.3d
*
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).
510, 516 (9th Cir. 2001). We dismiss in part and deny in part the petition for
review.
We lack jurisdiction to consider Ruiz Martinez’s contentions that neither the
IJ nor his former attorney elicited testimony regarding his entry date because he
did not exhaust these claims 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).
Ruiz Martinez’s contention that the IJ failed to ascertain whether the
withdrawal of his cancellation of removal application was knowing and voluntary
is not supported by the record.
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
2 09-70885