FILED
NOT FOR PUBLICATION JUL 21 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JUAN MARTINEZ-BRUNO, No. 10-72653
Petitioner, Agency No. A096-229-501
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 12, 2011 **
Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.
Juan Martinez-Bruno, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s (“IJ”) decision denying his application for cancellation of
removal. 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 the agency’s continuous physical presence determination,
Gutierrez v. Mukasey, 521 F.3d 1114, 1116 (9th Cir. 2008), and we deny in part
and dismiss in part the petition for review.
Substantial evidence supports the agency’s determination that Martinez-
Bruno did not meet the continuous physical presence requirement where he
testified that he accepted voluntary departure instead of appearing before an IJ
during the relevant statutory time period. See id. at 1117-18 (petitioner’s
testimony that he had the opportunity to appear before an IJ but chose to depart
instead is sufficient to establish presence-breaking voluntary departure).
We lack jurisdiction to review Martinez-Bruno’s ineffective assistance of
counsel claim because he failed to exhaust that issue before the agency. See
Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004).
Martinez-Bruno’s remaining contentions are unavailing.
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 10-72653