Ruben Garcia Hernandez v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RUBEN GARCIA HERNANDEZ,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 12-70737
Agency No. A088-825-515
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 21, 2014**
Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges.
Ruben Garcia Hernandez, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s (“IJ”) decision denying his application for relief
under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8
FILED
JAN 24 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

-- 1 of 2 --

U.S.C. § 1252. We dismiss the petition for review.
Garcia Hernandez’s only contention is that the IJ’s CAT analysis was
erroneous because the IJ denied his CAT claim without addressing government
acquiescence. We lack jurisdiction to consider this argument because Garcia
Hernandez did not raise it to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678
(9th Cir. 2004) (court lacks jurisdiction to consider issues that have not been
administratively exhausted).
PETITION FOR REVIEW DISMISSED.
12-70737 2

-- 2 of 2 --