U.S. Court of Appeals for the Ninth Circuit, 2010

Jose Arias-Gutierrez v. Eric H. Holder Jr.

Jose Arias-Gutierrez v. Eric H. Holder Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided September 27, 2010 · Silverman, Callahan, Smith
397 F. App'x 343

Jose Arias-Gutierrez v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Jose Adan Arias-Gutierrez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ *344 (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review Arias-Gutierrez’s ineffective assistance of counsel claim because he failed to raise that issue before the BIA and thereby failed to exhaust his administrative remedies. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004).

Arias-Gutierrez’s remaining contentions are unavailing.

PETITION FOR REVIEW DISMISSED in part; DENIED in part.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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