
    Mario TRIGUEROS-MORALES, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.
    No. 08-72597.
    United States Court of Appeals, Ninth Circuit.
    Submitted March 8, 2011.
    
    Filed March 16, 2011.
    Alejandro Garcia, Law Offices of Alejandro Garcia, Commerce, CA, for Petitioner.
    OIL, Patrick James Glen, Esquire, U.S. Department of Justice, Washington, DC, CAC-Distriet Counsel, Esquire, Office of the District Counsel Department of Homeland Security, Los Angeles, CA, Ronald E. LeFevre, Office of the District Counsel Department of Homeland Security, San Francisco, CA, for Respondent.
    Before: FARRIS, O’SCANNLAIN, and BYBEE, Circuit Judges.
    
      
       The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
    
   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.
     