Ernesto Patino-Figueroa, a.k.a. Ernesto Figueroa Patina 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NOT FOR PUBLICATION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
ERNESTO PATINO-FIGUEROA, a.k.a.
Ernesto Figueroa Patina,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 07-71226
Agency No. A090-527-689
MEMORANDUM*
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
FILED
APR 23 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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07-71226 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.

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