FILED
NOT FOR PUBLICATION APR 19 2010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
MAGDALENO LUNA-VARGAS, No. 07-74281
Petitioner, Agency No. A092-546-612
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 5, 2010 **
Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.
Magdaleno Luna-Vargas, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming
*
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).
an immigration judge’s (“IJ”) decision denying his application for cancellation of
removal for legal permanent residents. We dismiss the petition for review.
Luna-Vargas’ sole contention is that the IJ violated due process because his
adverse credibility determination relied in part on a statement from a smuggled
alien who was not present to testify. We lack jurisdiction to review this contention
because Luna-Vargas failed to raise it before the BIA. See Barron v. Ashcroft, 358
F.3d 674, 678 (9th Cir. 2004); see also Zara v. Ashcroft, 383 F.3d 927, 930 (9th
Cir. 2004) (“A petitioner cannot satisfy the exhaustion requirement by making a
general challenge to the IJ’s decision, but, rather, must specify which issues form
the basis of the appeal.”).
PETITION FOR REVIEW DISMISSED.
2 07-74281