Tirado-Pineda

Tiraado-Pineda v. Holder

Good Law
358 F. App'x 892
United States Court of Appeals for the Ninth CircuitDecember 8, 200907-70678California220 words

Opinion

Opinion

Meliton Tirado-Pineda, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dis missing his appeal from an immigration judge’s (“IJ”) removal order. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review de novo due process claims, Sanchez-Cruz v. INS, 255 F.3d 775, 779 (9th Cir.2001), and we deny in part and dismiss in part the petition for review.

Tirado-Pineda’s contention that the IJ violated his due process rights by refusing to continue his immigration proceedings fails because Tirado-Pineda did not establish “good cause” for a continuance. See 8 C.F.R. § 1003.29 ; Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (requiring error for a due process violation). Tirado-Pineda also has not established that he was prejudiced by the denial of a continuance because nothing in the record shows that he was eligible for a § 212(c) waiver or any other relief from removal. See Vargas-Hernandez v. Gonzales, 497 F.3d 919, 926 (9th Cir.2007).

We lack jurisdiction to consider Tirado-Pineda’s remaining contentions because he failed to properly exhaust them before the agency. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004).

PETITION…

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