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Dominguez v. Holder

United States Court of Appeals, Ninth Circuit
Aug 17, 2009
331 F. App'x 539 (9th Cir. 2009)

Opinion

No. 06-72410.

Submitted August 11, 2009.

The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed August 17, 2009.

Martin Medina Dominguez, Compton, CA, pro se.

Martha Medina Diaz, Compton, CA, pro se.

CAC-District, Ronald E. LeFevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, Los Angeles, CA, Thomas Fatouros, U.S. Department of Justice Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. Agency Nos. A096-061-883 A096-061-884.

Before KLEINFELD, M. SMITH, and IKUTA, Circuit Judges.



MEMORANDUM

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


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.


Summaries of

Dominguez v. Holder

United States Court of Appeals, Ninth Circuit
Aug 17, 2009
331 F. App'x 539 (9th Cir. 2009)
Case details for

Dominguez v. Holder

Case Details

Full title:Martin Medina DOMINGUEZ; Martha Medina Diaz, Petitioners, v. Eric H…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 17, 2009

Citations

331 F. App'x 539 (9th Cir. 2009)