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Gregorio RUBIO-LEPE, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent

United States Court of Appeals for the Ninth Circuit2011-02-28No. No. 09-73245
416 F. App'x 652

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Opinion

majority opinion

MEMORANDUM

Gregorio Rubio-Lepe, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252, and we dismiss the petition for review.

We lack jurisdiction to review petitioner’s contention that his 2006 conviction for attempted forgery was not an aggravated felony as defined in 8 U.S.C. § 1101(a)(43)(M) because he failed to raise it before the BIA and thereby failed to exhaust his administrative remedies. See 8 U.S.C. § 1252(d)(1); see also 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 9th Cir. R. 36-3.