Carlos Porres-Sanchez v. Eric Holder, Jr.

FILED NOT FOR PUBLICATION JAN 23 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT CARLOS ENRIQUE PORRES- No. 12-72198 SANCHEZ, Agency No. A095-734-563 Petitioner, v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted January 21, 2014** Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges. Carlos Enrique Porres-Sanchez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We dismiss the petition for review. We lack jurisdiction to * 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). 12-72198 We lack jurisdiction to review Porres-Sanchez’s challenge to the BIA’s dispositive determination that Porres-Sanchez failed to show the requisite hardship to his qualifying relatives because Porres-Sanchez failed to exhaust this challenge in his motion to reopen before the BIA. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir. 2010). We need not address Porres-Sanchez’s remaining contention regarding continuous physical presence because the agency’s hardship determination is dispositive. See 8 U.S.C. § 1229b(b)(1). PETITION FOR REVIEW DISMISSED. 2 12-72198