Anselmo Puentes Solis v. Eric Holder, Jr.

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 14, 2011
• Docket: 09-70350
• Status: Unpublished

Opinion

FILED NOT FOR PUBLICATION MAR 14 2011

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

ANSELMO PASCUAL PUENTES No. 09-70350 SOLIS, Agency No. A098-159-082 Petitioner,

v. MEMORANDUM *

ERIC H. HOLDER, Jr., Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted March 8, 2011 **

Before: FARRIS, O’SCANNLAIN, and BYBEE, Circuit Judges.

Anselmo Pascual Puentes Solis, a native and citizen of Guatemala, petitions

for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his

appeal from an immigration judge’s (“IJ”) decision denying his application for

asylum. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for

* 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). substantial evidence factual findings, INS v. Elias-Zacarias, 502 U.S. 478, 481 &

n.1 (1992), and we review de novo due process claims, Vasquez-Zavala v.

Ashcroft, 324 F.3d 1105, 1107 (9th Cir. 2003). We deny in part and dismiss in part

the petition for review.

The record does not compel the conclusion that internal relocation for

Puentes Solis is unreasonable. See 8 C.F.R. § 1208.13(b)(1)(i)(B) (presumption of

a well-founded fear of future persecution is rebutted if the applicant could

reasonably be expected to relocate to another part of the country to avoid future

persecution).

Puentes Solis failed to exhaust his contention that the IJ violated due process

by not acting as a neutral decision maker. Accordingly, we lack jurisdiction to

review this claim. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004);

Sanchez-Cruz v. INS, 255 F.3d 775, 780 (9th Cir. 2001).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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