Mohammad Hussain v. Eric Holder, Jr.

MEMORANDUM

Mohammad Arshad Hussain petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal of an immigration judge’s (“IJ”) decision providing a period of voluntary departure and written voluntary departure advisals on remand from Hussain’s prior appeal to the BIA. Hussain contends that he was deprived of due process of law when the IJ.did not advise him on remand of his right to counsel or his right to submit additional evidence, and when the BIA did not issue a briefing schedule for his second appeal. We dismiss in part and ' deny in part Hussain’s petition for review.

1. Hussain did not “‘put the BIA on notice’ ” of his due process claim based on the IJ’s failure to advise him of his right to counsel on remand. Ren v. Holder, 648 F.3d 1079, 1083 (9th Cir.2011) (quoting Moreno-Morante v. Gonzales, 490 F.3d 1172 , 1173 n. 1 (9th Cir.2007)). Hussain, therefore, did not exhaust this claim, and “we lack subject-matter jurisdiction to ad dress it.” Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004).

2. Hussain’s remaining due process claims show neither that Hussain was “ ‘prevented from reasonably presenting his case,’ ” nor “ ‘that the…