Gabriel Celis-Arambula v. Eric Holder, Jr.

FILED NOT FOR PUBLICATION FEB 14 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT GABRIEL CELIS-ARAMBULA, No. 11-73191 Petitioner, Agency No. A091-506-600 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 11, 2013 ** Before: FERNANDEZ, TASHIMA, and WARDLAW, Circuit Judges. Gabriel Celis-Arambula, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for cancellation of removal. 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). We lack jurisdiction to consider Celis-Arambula’s contention that the IJ was partial and violated his right to due process because he did not raise that issue before the BIA, and thereby failed to exhaust his administrative remedies. See Abebe v. Mukasey, 554 F.3d 1203, 1208 (9th Cir. 2009) (en banc) (issues not argued in a petitioner’s BIA appeal brief have not been exhausted, and the court lacks jurisdiction to consider them); see also Agyeman v. INS, 296 F.3d 871, 877 (9th Cir. 2002) (this court may not entertain due process claims based on correctable procedural errors unless an alien first gives the BIA an opportunity to address them). PETITION FOR REVIEW DISMISSED. 2 11-73191