FILED
NOT FOR PUBLICATION MAR 14 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ANSELMO PASCUAL PUENTES No. 09-70350
SOLIS,
Agency No. A098-159-082
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 8, 2011 **
Before: FARRIS, O’SCANNLAIN, and BYBEE, Circuit Judges.
Anselmo Pascual Puentes Solis, a native and citizen of Guatemala, petitions
for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his
appeal from an immigration judge’s (“IJ”) decision denying his application for
asylum. Our jurisdiction is governed by 8 U.S.C. § 1252. We review 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).
substantial evidence factual findings, INS v. Elias-Zacarias, 502 U.S. 478, 481 &
n.1 (1992), and we review de novo due process claims, Vasquez-Zavala v.
Ashcroft, 324 F.3d 1105, 1107 (9th Cir. 2003). We deny in part and dismiss in part
the petition for review.
The record does not compel the conclusion that internal relocation for
Puentes Solis is unreasonable. See 8 C.F.R. § 1208.13(b)(1)(i)(B) (presumption of
a well-founded fear of future persecution is rebutted if the applicant could
reasonably be expected to relocate to another part of the country to avoid future
persecution).
Puentes Solis failed to exhaust his contention that the IJ violated due process
by not acting as a neutral decision maker. Accordingly, we lack jurisdiction to
review this claim. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004);
Sanchez-Cruz v. INS, 255 F.3d 775, 780 (9th Cir. 2001).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 09-70350