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FILED NOT FOR PUBLICATION APR 23 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ERNESTO PATINO-FIGUEROA, a.k.a. No. 07-71226 Ernesto Figueroa Patina, Agency No. A090-527-689 Petitioner, v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted April 17, 2012 ** Before: LEAVY, PAEZ, and BEA, Circuit Judges. Ernesto Patino-Figueroa, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his request for a continuance. Our * 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). 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 consider Patino-Figueroa’s contention that the United States Citizenship and Immigration Services violated due process by unreasonably delaying the adjudication of his Relative Visa Petition, Form I-130 because he failed to exhaust his administrative remedies. See Barron v. Ashcroft,
358 F.3d 674, 678 (9th Cir. 2004). Patino-Figueroa has waived any challenge to the agency’s denial of a continuance. See Martinez-Serrano v. INS,
94 F.3d 1256, 1259-60 (9th Cir. 1996). PETITION FOR REVIEW DISMISSED in part; DENIED in part. 2 07-71226
Document Info
Docket Number: 07-71226
Citation Numbers: 472 F. App'x 712
Filed Date: 4/23/2012
Precedential Status: Non-Precedential
Modified Date: 1/12/2023