Paulino Martinez Magadan 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NOT FOR PUBLICATION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
PAULINO MARTINEZ MAGADAN,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 04-72326
Agency No. A072-919-140
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 27, 2011**
Before: SILVERMAN, W. FLETCHER, and MURGUIA, Circuit Judges.
Paulino Martinez Magadan, a native and citizen of Mexico, petitions pro se
for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his
appeal from an immigration judge’s decision denying his application for
cancellation of removal. We dismiss the petition for review.
FILED
OCT 6 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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04-72326 2
We lack jurisdiction to consider Martinez Magadan’s contention that his
1990 conviction for carrying a loaded firearm was not a disqualifying offense
under 8 U.S.C. § 1229b(b)(1)(C) because he failed to raise it before the BIA and
thereby failed to exhaust his administrative remedies. See Barron v. Ashcroft, 358
F.3d 674, 678 (9th Cir. 2004) (this court lacks jurisdiction to review contentions
not raised before the agency).
In light of our disposition, we need not address Martinez Magadan’s
remaining contentions.
PETITION FOR REVIEW DISMISSED.

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