ADRIAN RAY-DURAN V. LORETTA E. LYNCH, No. 13-70301 (9th Cir. 2015)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAY 20 2015 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ADRIAN RAY-DURAN, AKA Adrian Duran Ray, No. 13-70301 Agency No. A200-870-037 Petitioner, MEMORANDUM* v. LORETTA E. LYNCH, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted May 13, 2015** Before: LEAVY, CALLAHAN, and M. SMITH, Circuit Judges. Adrian Ray-Duran, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) order of removal. 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). The BIA did not err in determining that Ray-Duran waived any challenge to the IJ’s determination that Ray-Duran was subject to the heightened standard of hardship for a waiver of inadmissability under 8 U.S.C. § 1182(h). Accordingly, we lack jurisdiction to consider Ray-Duran’s contentions regarding the IJ’s determination that Ray-Duran was subject to the heightened standard of hardship, because he failed to raise the issue with the BIA and therefore failed to exhaust his administrative remedies. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004). PETITION FOR REVIEW DISMISSED. 2 13-70301

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