Navarrete-Chavez
Navarrete-Chavez v. Immigration & Naturalization Service
Opinion
Lead Opinion
MEMORANDUM **
Able Navarrete-Chavez, his wife, Juana Vargas Bruno and son Miguel Angel Navarrete-Bruno (“Petitioners”), natives and citizens of Mexico, petition for review of a final order of deportation entered by the Board of Immigration Appeals (“BIA”) on June 28, 2000. We have jurisdiction pursuant to 8 U.S.C. § 1105a(a) (1994), as amended by the Illegal Immigration Reform and Responsibility Act § 309(c)(4), and we deny the petition.
Petitioners contend that the BIA denied them due process of law by refusing to address the IJ’s denial of their application for political asylum. Petitioners failed to raise this issue before the BIA. They therefore failed to exhaust their administrative remedies, and we lack jurisdiction to review this claim. Vargas v. INS, 831 F.2d 906 (9th Cir.1987). Because procedural defects must be raised first before the BIA, Petitioners cannot now obtain review simply by alleging that such error violates due process. Vargas v. INS, 831 F.2d 906, 908 (9th Cir.1987) (“‘due process’ is not a talismanic term which guarantees review in this court of procedural errors”).
Although Petitioners do not challenge the application of the stop-time rule in their…