FILED
NOT FOR PUBLICATION MAR 07 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JAIME FEDERICO LOPEZ REYES, No. 05-70129
Petitioner, Agency No. A029-283-504
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 15, 2011 **
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Jaime Federico Lopez Reyes, a native and citizen of Guatemala, petitions
pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing
his appeal from an immigration judge’s (“IJ”) deportation order. We have
jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion whether the
*
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).
BIA has failed to provide a reasoned explanation for its actions. Movsisian v.
Ashcroft, 395 F.3d 1095, 1098 (9th Cir. 2005). We deny in part and dismiss in part
the petition for review.
We reject Lopez Reyes’s contention that the BIA abused its discretion by
failing to articulate its reasoning where the BIA adopted and affirmed the IJ’s oral
decision pursuant to Matter of Burbano, 20 I. & N. Dec. 872 (BIA 1994), in
addition to providing its own reasons for dismissing his appeal. See Abebe v.
Gonzales, 432 F.3d 1037, 1040 (9th Cir. 2005) (en banc) (holding that the BIA
adopts the IJ’s entire decision when it cites Burbano and expresses no
disagreement with the IJ’s decision).
We lack jurisdiction to review Lopez Reyes’s contentions regarding his
asylum claim, his motion for a continuance, and his adjustment of status
application because he failed to raise them before the BIA. See Barron v. Ashcroft,
358 F.3d 674, 677-78 (9th Cir. 2004) (generally requiring exhaustion of claims
before the agency).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 05-70129