Carlos Enrique Porres- Sanchez v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CARLOS ENRIQUE PORRES-
SANCHEZ,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 12-72198
Agency No. A095-734-563
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.
Carlos Enrique Porres-Sanchez, a native and citizen of Guatemala, petitions
for review of the Board of Immigration Appeals’ (“BIA”) order denying his
motion to reopen. We dismiss the petition for review. We lack jurisdiction to
FILED
JAN 23 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).
12-72198

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We lack jurisdiction to review Porres-Sanchez’s challenge to the BIA’s
dispositive determination that Porres-Sanchez failed to show the requisite hardship
to his qualifying relatives because Porres-Sanchez failed to exhaust this challenge
in his motion to reopen before the BIA. See Tijani v. Holder, 628 F.3d 1071, 1080
(9th Cir. 2010).
We need not address Porres-Sanchez’s remaining contention regarding
continuous physical presence because the agency’s hardship determination is
dispositive. See 8 U.S.C. § 1229b(b)(1).
PETITION FOR REVIEW DISMISSED.
12-72198 2

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