Hain Duber Noriega-Millan v. ERIC H. HOLDER, Jr., Attorney General

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
HAIN DUBER NORIEGA-MILLAN,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 07-74950
Agency No. A070-438-728
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 14, 2010**
Before: GOODWIN, WALLACE, and W. FLETCHER, Circuit Judges.
Hain Duber Noriega-Millan, a native and citizen of Peru, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s (“IJ”) deportation order. We have jurisdiction under 8 U.S.C.
FILED
DEC 27 2010
MOLLY C. DWYER, CLERK
U .S. C O U R T O F AP PE ALS

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07-74950 2
§ 1252. We review for abuse of discretion the agency’s discretionary denial of
asylum, 8 U.S.C. § 1252(b)(4)(D), and we deny the petition for review.
The agency did not abuse its discretion in denying Noriega-Millan’s asylum
application in the exercise of discretion where it considered his family ties to the
United States and concluded that they were not sufficient to outweigh his lengthy
and serious criminal history. See Kalubi v. Ashcroft, 364 F.3d 1134, 1140 (9th Cir.
2004) (the agency must state its reasons and show proper consideration of all
factors when weighing equities).
We need not reach Noriega-Millan’s contention that the IJ erred in
concluding that his convictions were aggravated felonies that rendered him
ineligible for asylum because the agency’s denial of his application in its discretion
is dispositive.
PETITION FOR REVIEW DENIED.

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