Isabel Marmolejo-Hernandez v. Eric H. Holder Jr., No. 08-71790 (9th Cir. 2010)

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FILED SEP 27 2010 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ISABEL CRISTINA MARMOLEJOHERNANDEZ, No. 08-71790 Agency No. A095-685-451 Petitioner, MEMORANDUM * v. ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted September 13, 2010 ** Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges. Isabel Cristina Marmolejo-Hernandez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals ( BIA ) order dismissing her appeal from an immigration judge s ( IJ ) removal order. We dismiss the petition for review. * 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). We lack jurisdiction to consider Marmolejo-Hernandez s contention that the IJ erred and violated due process by not granting a continuance because she failed to raise this contention to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004) (generally requiring exhaustion of claims before the agency). PETITION FOR REVIEW DISMISSED. 2 08-71790

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