Richard Cote v. United States Immigration and Naturalization Service

Good Law
974 F.2d 1341·1992 WL 212161·1992 U.S. App. LEXIS 30619
United States Court of Appeals for the Ninth CircuitSeptember 1, 199291-70766California491 words

Opinion

Opinion

974 F.2d 1341 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Richard COTE, Petitioner, v. UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 91-70766. United States Court of Appeals, Ninth Circuit. Submitted Aug. 24, 1992. * Decided Sept. 1, 1992. Before BRUNETTI, RYMER and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Richard Cote, a native and citizen of Colombia, petitions for review of the Board of Immigration Appeals' ("BIA") order affirming the immigration judge's ("IJ") decision finding Cote deportable under 8 U.S.C. § 1251 (a)(11) 1 and denying Cote's request for waiver of deportation. Cote contends that the IJ failed to inform him that he had the right to present witnesses, and that the IJ should have granted a continuance to allow Cote the opportunity to present witnesses. Because Cote failed to raise this issue in his appeal to the BIA, we lack jurisdiction to review his claim and dismiss his petition. See Vargas v. INS, 831 F.2d 906, 908…

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