Pedro Jesus-Gonzalez v. Eric Holder, Jr., No. 09-72977 (9th Cir. 2011)

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FILED MAR 24 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT PEDRO JESUS-GONZALEZ, Petitioner, No. 09-72977 Agency No. A070-925-672 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted March 8, 2011 ** Before: FARRIS, O SCANNLAIN, and BYBEE, Circuit Judges. Pedro Jesus-Gonzalez, a native and citizen of Guatemala, 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 * 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). withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss the petition for review. We lack jurisdiction to review the IJ s determination that Jesus-Gonzalez is ineligible for withholding of removal under the persecutor s bar of 8 U.S.C. § 1231(b)(3)(B)(i) because Jesus-Gonzalez failed to exhaust this issue before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004). PETITION FOR REVIEW DISMISSED. 2 09-72977

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