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Ernesto PATINO-FIGUEROA, a.k.a. Ernesto Figueroa Patina, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent

United States Court of Appeals for the Ninth Circuit2012-04-23No. No. 07-71226
472 F. App'x 712

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Opinion

majority opinion

MEMORANDUM

Ernesto Patino-Figueroa, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his request for a continuance. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss- in part and deny in part the petition for review.

We lack jurisdiction to consider PatinoFigueroa’s contention that the United States Citizenship and Immigration Services violated due process by unreasonably delaying the adjudication of his Relative Visa Petition, Form 1-130 because he failed to exhaust his administrative remedies. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004).

Patino-Figueroa has waived any challenge to the agency’s denial of a continuance. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996).

PETITION FOR REVIEW DISMISSED in part; DENIED in part.

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