Miguel Hernandez-Navarro v. Eric H. Holder Jr.

U.S. Court of Appeals for the Ninth Circuit
Miguel Hernandez-Navarro v. Eric H. Holder Jr., 401 F. App'x 208 (9th Cir. 2010)

Miguel Hernandez-Navarro v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Miguel Hernandez-Navarro, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from *209 an immigration judge’s removal order. We dismiss the petition for review.

We lack jurisdiction to review Hernandez-Navarro’s contention that he qualifies for relief under former section 212(c), 8 U.S.C. § 1182(c) (repealed 1996), as an inadmissible, rather than a removable, alien because he failed to exhaust this claim before the agency. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004); see also Abebe v. Mukasey, 554 F.3d 1203, 1208 (9th Cir. 2009) (en banc) (when a petitioner files a brief before the BIA, the petitioner will “be deemed to have exhausted only those issues he raised and argued in his brief before the BIA”) (internal citations omitted).

PETITION FOR REVIEW DISMISSED.

**

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

Reference

Full Case Name
Miguel HERNANDEZ-NAVARRO, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished