FILED
NOT FOR PUBLICATION FEB 24 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
SABASTIAN MONTERROSA, No. 11-70165
Petitioner, Agency No. A073-415-833
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 21, 2012 **
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Sabastian Monterrosa, a native and citizen of El Salvador, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to
remand and dismissing his appeal from an immigration judge’s (“IJ”) removal
order. We dismiss the petition for review.
*
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).
Monterrosa’s sole contention is that the IJ applied an incorrect legal standard
in denying his claim for humanitarian asylum. We lack jurisdiction to consider
this contention because Monterrosa failed to exhaust it before the BIA. See
Figueroa v. Mukasey, 543 F.3d 487, 492 (9th Cir. 2008) (a claim that the IJ applied
the wrong legal standard must be exhausted before the BIA).
PETITION FOR REVIEW DISMISSED.
2 11-70165