Mario Trigueros-Morales v. Eric H. Holder Jr.

MEMORANDUM

Mario Trigueros-Morales, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for cancellation of removal. We dismiss the petition for review.

Trigueros-Morales contends that California Penal Code § 246.3 is overbroad because it prohibits willful discharge of a “BB device.” Because this claim was never presented to the BIA, we lack jurisdiction to consider it. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004).

PETITION FOR REVIEW DISMISSED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.