Dominguez v. Holder

331 F. App'x 539

• Court: Court of Appeals for the Ninth Circuit
• Decided: August 17, 2009
• Docket: No. 06-72410
• Status: Published

Opinion

MEMORANDUM

**

Martin Medina Dominguez and Martha Medina Diaz, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) decision denying their applications for cancellation of removal. We dismiss the petition for review.

We lack jurisdiction to review the IJ’s discretionary determination that petitioners failed to show exceptional and extremely unusual hardship to a qualifying relative. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005).

We lack jurisdiction to review petitioners’ ineffective assistance of counsel claim regarding the IJ hearing because they failed to raise that issue before the BIA and thereby failed to exhaust their administrative remedies. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (explaining that this court lacks jurisdiction to review contentions not raised before the agency).

PETITION FOR REVIEW DISMISSED.

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.