Sameer Toma v. Eric H. Holder Jr. , 400 F. App'x 301 ( 2010 )

FILED
NOT FOR PUBLICATION OCT 25 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
SAMEER IBRAHIM NEMER TOMA, No. 08-72082
Petitioner, Agency No. A097-837-774
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 19, 2010 **
Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
Sameer Ibrahim Nemer Toma, a native and citizen of Jordan, 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
adjustment of status. Our jurisdiction is governed by 8 U.S.C. § 1252. We 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).
for substantial evidence the agency’s factual findings, Hernandez v. Mukasey, 345
F.3d 824, 832 (9th Cir. 2003). We deny in part and dismiss in part the petition for
review.
The agency properly concluded that Toma failed to establish that he was the
beneficiary of an approved visa petition: a requirement for his application for
adjustment of status to proceed. See 8 U.S.C. § 1255(i)(B); cf. Hernandez, 345
F.3d at 843.
We also lack jurisdiction to review Toma’s unexhausted ineffective
assistance of counsel claim. See Puga v. Chertoff, 488 F.3d 812, 815-16 (9th Cir.
2007).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 08-72082