Marvin Ernesto Martinez v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARVIN ERNESTO MARTINEZ,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 14-72858
Agency No. A092-461-352
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 14, 2016**
Before: BEA, WATFORD, and FRIEDLAND, Circuit Judges.
Marvin Ernesto Martinez, a native and citizen of El Salvador, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s decision denying his application for asylum,
withholding of removal, and protection under the Convention Against Torture
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
JUN 20 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 14-72858
(“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss the
petition for review.
Apart from his ineffective assistance of counsel claim, Martinez does not
contest the agency’s denial of asylum, withholding of removal, or CAT. We lack
jurisdiction to consider Martinez’s ineffective assistance of counsel claim because
he did not exhaust it in the form of a motion to reopen before the BIA. See
Ontiveros-Lopez v. INS, 213 F.3d 1121, 1124 (9th Cir. 2000) (“We . . . require an
alien who argues ineffective assistance of counsel to exhaust his administrative
remedies by first presenting the issue to the BIA.”); Puga v. Chertoff, 488 F.3d
812, 815-16 (9th Cir. 2007) (requiring administrative exhaustion of an ineffective
assistance of counsel claim). Thus, we dismiss this claim and deny his related
request to submit new evidence.
PETITION FOR REVIEW IS DISMISSED.

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