Gregorio Rubio-Lepe v. Eric Holder, Jr., No. 09-73245 (9th Cir. 2011)

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FILED FEB 28 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT GREGORIO RUBIO-LEPE, Petitioner, No. 09-73245 Agency No. A039-196-069 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 15, 2011 ** Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges. Gregorio Rubio-Lepe, 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 decision denying his application for cancellation 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). removal. Our jurisdiction is governed by 8 U.S.C. § 1252, and we dismiss the petition for review. We lack jurisdiction to review petitioner s contention that his 2006 conviction for attempted forgery was not an aggravated felony as defined in 8 U.S.C. § 1101(a)(43)(M) because he failed to raise it before the BIA and thereby failed to exhaust his administrative remedies. See 8 U.S.C. § 1252(d)(1); see also Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004) (explaining that this court lacks jurisdiction to review contentions not raised before the agency). PETITION FOR REVIEW DISMISSED. 2 09-73245

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