PATINO-FIGUEROA V. HOLDER, No. 07-71226 (9th Cir. 2012)

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FILED APR 23 2012 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ERNESTO PATINO-FIGUEROA, a.k.a. Ernesto Figueroa Patina, No. 07-71226 Agency No. A090-527-689 Petitioner, MEMORANDUM * v. ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted April 17, 2012 ** Before: LEAVY, PAEZ, and BEA, Circuit Judges. Ernesto Patino-Figueroa, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals order dismissing his appeal from an immigration judge s decision denying his request for a continuance. Our * 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). jurisdiction is governed by 8 U.S.C. § 1252. We dismiss in part and deny in part the petition for review. We lack jurisdiction to consider Patino-Figueroa s contention that the United States Citizenship and Immigration Services violated due process by unreasonably delaying the adjudication of his Relative Visa Petition, Form I-130 because he failed to exhaust his administrative remedies. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004). Patino-Figueroa has waived any challenge to the agency s denial of a continuance. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996). PETITION FOR REVIEW DISMISSED in part; DENIED in part. 2 07-71226

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