Patino-Figueroa v. Holder , 472 F. App'x 712 ( 2012 )


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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    NOT FOR PUBLICATION                             APR 23 2012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Precedential Status: Non-Precedential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