RUBEN HERNANDEZ V. ERIC HOLDER, JR., No. 12-70737 (9th Cir. 2014)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS JAN 24 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT RUBEN GARCIA HERNANDEZ, Petitioner, No. 12-70737 Agency No. A088-825-515 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted January 21, 2014** Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges. Ruben Garcia Hernandez, a native and citizen of Mexico, 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 relief under the Convention Against Torture ( CAT ). Our jurisdiction is governed by 8 * 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). U.S.C. § 1252. We dismiss the petition for review. Garcia Hernandez s only contention is that the IJ s CAT analysis was erroneous because the IJ denied his CAT claim without addressing government acquiescence. We lack jurisdiction to consider this argument because Garcia Hernandez did not raise it to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004) (court lacks jurisdiction to consider issues that have not been administratively exhausted). PETITION FOR REVIEW DISMISSED. 2 12-70737

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