Jose De Jesus Carmona v. ERIC H. HOLDER, Jr., Attorney General

12-71752Court of Appeals for the Ninth CircuitAug 1, 2013

Full text

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NOT FOR PUBLICATION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
JOSE DE JESUS CARMONA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 12-71752
Agency No. A095-753-510
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 24, 2013**
Before: ALARCÓN, CLIFTON, and CALLAHAN, Circuit Judges.
Jose De Jesus Carmona, a native and citizen of Mexico, petitions pro se from
the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s removal order. Our jurisdiction is governed by 8 U.S.C.
§ 1252. We dismiss in part and deny in part the petition for review.
FILED
AUG 01 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-71752 2
We lack jurisdiction to consider Carmona’s contentions regarding his fear of
returning to Mexico, his eligibility for voluntary departure and U-Visa relief, his
lack of opportunity to gather evidence, and his bond hearing because he did not
exhaust these issues before the BIA. See Segura v. Holder, 605 F.3d 1063, 1066
(9th Cir. 2010) (broad statements in notice of appeal and brief were insufficient to
put the BIA on notice of petitioner’s claim). Further, we decline to consider
Carmona’s contentions regarding ineffective assistance of counsel, T-Visa relief,
the adequacy of the BIA’s decision, and his detention conditions because he raised
them for the first time in his reply brief. See Cedano-Viera v. Ashcroft, 324 F.3d
1062, 1066 n.5 (9th Cir. 2003) (we decline to consider new issues raised for the
first time in a reply brief).
PETITION FOR REVIEW DISMISSED in part; DENIED in part.

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