Oliva Mora De Escobar v. Eric Holder

FILED NOT FOR PUBLICATION MAR 09 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT OLIVA ESTHER MORA DE ESCOBAR, No. 09-70755 Petitioner, Agency No. A073-808-162 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. Olivia Esther Mora De Escobar, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying cancellation of removal. 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 Mora De Escobar’s contention that she was not advised of her rights before admitting to the charge of alien smuggling because she failed to raise that issue before the BIA and thereby failed to exhaust her administrative remedies. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004) (explaining that this court lacks jurisdiction to review contentions not raised before the agency). PETITION FOR REVIEW DISMISSED. 2 09-70755