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Carlos Enrique PORRES-SANCHEZ, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent

United States Court of Appeals for the Ninth Circuit2014-01-23No. No. 12-72198
552 F. App'x 755

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Opinion

majority opinion

MEMORANDUM

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 disposi-tive determination that Porres-Sanchez failed to show the requisite hardship to his qualifying relatives because Porres-San-chez 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)(l).

PETITION FOR REVIEW DISMISSED.

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