Gandara Reyes v. Holder

MEMORANDUM

Luis Genaro Gandara Reyes and Maria Villegas, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals summary affirmance of an immigration judge’s order denying their applications for cancellation of removal. Petitioners contend that the agency erred in ruling that they failed to meet their burden of establishing exceptional and extremely unusual hardship to their United States citizen daughter because the decision was based in part on the erroneous finding that Villegas would be able to return imminently to the United States as the immediate relative of a citizen. Because petitioners did not exhaust this claim before the BIA, we dismiss the petition for lack of jurisdiction. See 8 U.S.C. § 1252 (d)(1); Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004).

DISMISSED.

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