Francisco Alexander Guerrero Claros, a.k.a. Mauricio Martinez Garduno 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NOT FOR PUBLICATION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
FRANCISCO ALEXANDER
GUERRERO CLAROS, a.k.a. Mauricio
Martinez Garduno,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-73716
Agency No. A076-735-968
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 21, 2011**
Before: TASHIMA, BERZON, and TALLMAN, Circuit Judges.
Francisco Alexander Guerrero Claros, a native and citizen of El Salvador,
petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying
his motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252. We review
FILED
NOV 22 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-73716 2
for abuse of discretion the denial of a motion to reopen. Toufighi v. Mukasey, 538
F.3d 988, 992 (9th Cir. 2008). We deny the petition for review in part and dismiss
it in part.
The BIA did not abuse its discretion in denying Guerrero Claros’s motion to
reopen because he failed to demonstrate the affidavits he submitted were
previously unavailable. See 8 C.F.R. § 1003.2(c)(1); Goel v. Gonzales, 490 F.3d
735, 738 (9th Cir. 2007).
We lack jurisdiction to address Guerrero Claros’s challenge to the
immigration judge’s denial of asylum, withholding of removal, and CAT relief,
because he failed to exhaust these issues before the BIA. See Barron v. Ashcroft,
358 F.3d 674, 678 (9th Cir. 2004).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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