Opinion
No. 12-72198 Agency No. A095-734-563
01-21-2014
CARLOS ENRIQUE PORRES-SANCHEZ, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
On Petition for Review of an Order of the
Board of Immigration Appeals
Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges.
Carlos Enrique Porres-Sanchez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals' ("BIA") order denying his motion to reopen. We dismiss the petition for review.
We lack jurisdiction to review Porres-Sanchez's challenge to the BIA's dispositive determination that Porres-Sanchez failed to show the requisite hardship to his qualifying relatives because Porres-Sanchez failed to exhaust this challenge in his motion to reopen before the BIA. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir. 2010).
We need not address Porres-Sanchez's remaining contention regarding continuous physical presence because the agency's hardship determination is dispositive. See 8 U.S.C. § 1229b(b)(1).
PETITION FOR REVIEW DISMISSED.