FILED NOT FOR PUBLICATION FEB 23 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

ARTEMIO HERNANDEZ-CASTRO, No. 05-74827 Petitioner, Agency No. A076-270-240 v. ORDER * ERIC H. HOLDER Jr., Attorney General, Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 12, 2010 ** Pasadena, California Before: THOMAS and SILVERMAN, Circuit Judges, and BEISTLINE, *** Chief District Judge.

* 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). *** The Honorable Ralph R. Beistline, United States District Judge for the District of Alaska, sitting by designation.

The motion for voluntary dismissal of the petition for review is GRANTED.

The petition for review is DISMISSED.