United States v. 2011-11-15 | 04-72976 | ZAZUETA DE MUNIZ V. GONZALES | nonprecedential | memorandum…

* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously finds this case suitable for decision without oral
argument. Fed. R. App. P. 34(a)(2).
*** The Honorable Karen Nelson Moore, United States Circuit Judge for the
Sixth Circuit, sitting by designation.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
EVA LUZ ZAZUETA DE MUNIZ, ) No. 04-72976
)
Petitioner, ) Agency No. A039-810-935
)
v. ) MEMORANDUM*
)
ERIC H. HOLDER Jr., Attorney )
General, )
)
Respondent. )
)
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 8, 2011 **
Pasadena, California
Before: FERNANDEZ, MOORE, *** and McKEOWN, Circuit Judges.
Eva Luz Zazueta de Muniz petitions for review of the Board of Immigration
Appeals’ denial of her motion to reopen the proceedings wherein she was ordered
FILED
NOV 15 2011
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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removed in absentia. We dismiss the petition.
The sole issue Zazueta raises here is a claim regarding advisals before she
made a statement to an immigration inspector, but that issue was not exhausted
because it was not raised before the BIA. We, therefore, will not consider the
issue. See Puga v. Chertoff, 488 F.3d 812, 815–16 (9th Cir. 2007); Barron v.
Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004); Taniguchi v. Schultz, 303 F.3d 950,
955 (9th Cir. 2002); see also Castillo-Villagra v. INS, 972 F.2d 1017, 1023–24 (9th
Cir. 1992).
Petition DISMISSED.

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