Gonzalez Sanabria v. Holder

FILED NOT FOR PUBLICATION JAN 21 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT SERGIO GONZALEZ SANABRIA, No. 07-74503 Petitioner, Agency No. A091-869-551 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. Sergio Gonzalez Sanabria, native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an * 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). SS/Research immigration judge’s decision pretermitting his application for cancellation of removal. We lack jurisdiction to review Gonzalez Sanabria’s contentions that he is statutorily eligible for cancellation of removal and voluntary departure because his conviction under 18 U.S.C. § 1542 does not constitute a crime of moral turpitude because he failed to exhaust these issues before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004). PETITION FOR REVIEW DISMISSED. SS/Research 2 07-74503