Silvana Maria Gianello Cabrera v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SILVANA MARIA GIANELLO
CABRERA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 12-73687
Agency No. A099-632-110
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 13, 2014**
Before: CLIFTON, BEA, and WATFORD, Circuit Judges.
Silvana Maria Gianello Cabrera, a native and citizen of Uruguay, petitions
pro se for review of the Board of Immigration Appeals’ (“BIA”) order returning
the record to the Immigration Court without further action, in light of Gianello
Cabrera’s withdrawal of her appeal from an immigration judge’s decision denying
FILED
MAY 19 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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her application for asylum, withholding of removal, and relief under the
Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C.
§ 1252. We determine de novo our jurisdiction. Alarcon-Serrano v. INS, 220
F.3d 1116, 1119 (9th Cir. 2000). We dismiss the petition for review.
Gianello Cabrera withdrew her appeal before the BIA. Because she failed to
exhaust her administrative remedies, we lack jurisdiction over the contentions in
this petition for review. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004).
On December 26, 2012, Gianello Cabrera filed a motion to lift the stay of
removal, and repeated this request in her opening brief. In light of our December
24, 2012, order lifting the temporary stay of removal, these motions are dismissed
as moot.
PETITION FOR REVIEW DISMISSED.
2 12-73687

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