Sabastian Monterrosa 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NOT FOR PUBLICATION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
SABASTIAN MONTERROSA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-70165
Agency No. A073-415-833
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 21, 2012**
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Sabastian Monterrosa, a native and citizen of El Salvador, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to
remand and dismissing his appeal from an immigration judge’s (“IJ”) removal
order. We dismiss the petition for review.
FILED
FEB 24 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-70165 2
Monterrosa’s sole contention is that the IJ applied an incorrect legal standard
in denying his claim for humanitarian asylum. We lack jurisdiction to consider
this contention because Monterrosa failed to exhaust it before the BIA. See
Figueroa v. Mukasey, 543 F.3d 487, 492 (9th Cir. 2008) (a claim that the IJ applied
the wrong legal standard must be exhausted before the BIA).
PETITION FOR REVIEW DISMISSED.

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