Zuniga-Banuelos

Zuniga-Banuelos v. Immigration & Naturalization Service

Good Law
44 F. App'x 113
United States Court of Appeals for the Ninth CircuitJuly 31, 2002No. 01-70614; INS Nos. A73-455-554, A73-445-555, A73-445-556, A73-445-557California1,112 words

Opinion

Lead Opinion

MEMORANDUM ***

Petitioners, Saul Zuniga-Banuelos, Patricia De ZunigaTorres, Jessica Zuniga-Torres, and Randy Zuniga-Torres, natives and citizens of Mexico, seek review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s (“IJ”) denial of their motion to reopen proceedings and of the BIA’s final orders of deportation entered on March 28, 2001. Petitioners contend that the BIA and IJ violated their right to due process in that the BIA failed to consider alternative applications for voluntary departure and that the IJ failed to inform them, of their eligibility for relief from deportation in the form of voluntary departure. Petitioners also argue that the BIA’s dismissal of their *115 motion to reopen constituted an abuse of discretion and a violation of due process because the BIA did not take into account that the petitioners could have advanced their individual hearing date, on the suspension application, to a date prior to April 1,1997.

The Court lacks jurisdiction over both these claims because they were not raised before the IJ or the BIA, and consequently neither the IJ nor the BIA could have addressed them. Accordingly, we dismiss the…

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