Leoncio Reyes-Rivas v. Eric Holder, Jr., No. 09-71624 (9th Cir. 2010)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS SEP 24 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT LEONCIO REYES-RIVAS, Petitioner, No. 09-71624 Agency No. A072-531-554 v. MEMORANDUM * 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. Leoncio Reyes-Rivas, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals order affirming an immigration judge s decision denying his application for voluntary departure as a matter of * 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). discretion. We have jurisdiction under 8 U.S.C. § 1252. We dismiss the petition for review. We lack jurisdiction to review the agency s determination that Reyes-Rivas did not merit voluntary departure as a matter of discretion. See 8 U.S.C. § 1229c(f) ( No court shall have jurisdiction over an appeal from denial of a request for an order of voluntary departure ); Gomez-Lopez v. Ashcroft, 393 F.3d 882, 884 (9th Cir. 2005). PETITION FOR REVIEW DISMISSED. 2 09-71624

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