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Ruben Garcia HERNANDEZ, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent

United States Court of Appeals for the Ninth Circuit2014-01-24No. No. 12-70737
553 F. App'x 704

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Opinion

majority opinion

MEMORANDUM

Ruben Garcia Hernandez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss the petition for review.

Garcia Hernandez’s only contention is that the IJ’s CAT analysis was erroneous because the IJ denied his CAT claim without addressing government acquiescence. We lack jurisdiction to consider this argument because Garcia- Hernandez did not raise it to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (court lacks jurisdiction to consider issues that have not been administratively exhausted).

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.