Figueroa-Mezquita v. Holder

FILED NOT FOR PUBLICATION JAN 19 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT TAYRON YOUDICES FIGUEROA- No. 07-70513 MEZQUITA, Agency No. A095-123-140 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 11, 2010 ** Before: BEEZER, TROTT, and BYBEE, Circuit Judges. Tayron Youdices Figueroa-Mezquita, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) order denying his * 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). application asylum and withholding of removal. We dismiss the petition for review. Figueroa-Mezquita failed to challenge the IJ’s denial of asylum and withholding of removal before the BIA. Therefore, these issues are not exhausted, and we lack jurisdiction to review them. See Barron v. Ashcroft, 358 F.3d 674, 676–77 (9th Cir. 2004) (holding that a petitioner’s failure to raise an issue to the BIA generally constitutes a failure to exhaust, thus depriving this court of jurisdiction to consider the issue). PETITION FOR REVIEW DISMISSED. JBG 2 07-70513