FILED
NOT FOR PUBLICATION AUG 15 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MOISES DARIO ARIAS, No. 13-70614
Petitioner, Agency No. A075-714-114
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 13, 2014**
Before: SCHROEDER, THOMAS, and HURWITZ, Circuit Judges.
Moises Dario Arias, a native and citizen of Bolivia, petitions for review of a
Board of Immigration Appeals (“BIA”) order dismissing his appeal from an
immigration judge’s removal order. Our jurisdiction is governed by 8 U.S.C. § § §
1252. We review de novo constitutional claims and questions of law.
*
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).
Hamazaspyan v. Holder, 590 F.3d 744, 747 (9th Cir. 2009). We deny in part and
dismiss in part the petition for review.
The BIA correctly determined that Arias made a knowing and intelligent
waiver of his right to appeal. See United States v. Estrada-Torres, 179 F.3d 776,
781 (9th Cir. 1999) (“Because the immigration judge explained the right to appeal
to [petitioner] (with the other deportees) and individually asked him specifically if
he wanted to appeal his deportation order, his waiver of his right to appeal was
‘considered and intelligent.’”) (citation omitted), overruled on other grounds by
United States v. Rivera-Sanchez, 247 F.3d 905 (9th Cir. 2001). As the appeal
waiver was effective, the BIA properly dismissed Arias’ appeal for lack of
jurisdiction. See Matter of Rodriguez-Diaz, 22 I. & N. Dec. 1320, 1322 (BIA
2000) (“By waiving appeal, an alien relinquishes the opportunity to obtain review
of the Immigration Judge’s ruling.”).
We lack jurisdiction to review Arias’ remaining unexhausted contentions.
See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir. 2010).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 13-70614