Testo completo
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NOT FOR PUBLICATION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 DIAZ LAZARIT,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-70358
Agency No. A095-640-782
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 10, 2010**
Before: LEAVY, HAWKINS, and IKUTA, Circuit Judges.
Jose Diaz Lazarit, a native and citizen of Mexico, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order affirming an immigration judge’s
(“IJ”) decision pretermitting his application for adjustment of status. We dismiss
the petition for review.
FILED
AUG 31 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS
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08-70358 2
We lack jurisdiction to review Diaz Lazarit’s contention that he was
deprived of his right to counsel before the IJ because he failed to raise that issue
before the BIA and thereby failed to exhaust his administrative remedies. See
Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004) (noting that due process
challenges that are “procedural in nature” must be exhausted).
PETITION FOR REVIEW DISMISSED.
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