Berumen-Correa, et al v. Holder, No. 06-70821 (9th Cir. 2010)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS NOV 02 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT JOSE DOLORES BERUMEN-CORREA, Petitioner, No. 06-70821 Agency No. A090-181-647 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 19, 2010 ** Before: O SCANNLAIN, TALLMAN, and BEA, Circuit Judges. Jose Dolores Berumen-Correa, a native and citizen of Mexico, petitions for review of a Board of Immigration Appeals ( BIA ) order summarily affirming an immigration judge s ( IJ ) removal order. Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo constitutional claims, Khan v. Holder, 584 * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). F.3d 773, 776 (9th Cir. 2009), and we deny in part and dismiss in part the petition for review. Berumen-Correa s equal protection and due process retroactivity challenges to the IJ s denial of section 212(c) relief are foreclosed by Abebe v. Mukasey, 554 F.3d 1203, 1207, 1208 n.7 (9th Cir. 2009) (en banc). We lack jurisdiction to consider Berumen-Correa s remaining contentions because he failed to exhaust them before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004); Zara v. Ashcroft, 383 F.3d 927, 931 (9th Cir. 2004) (the exhaustion requirement applies to streamlined cases). PETITION FOR REVIEW DENIED in part, DISMISSED in part. 2 06-70821

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