Ruiz-Garcia

Ruiz-Garcia v. Immigration & Naturalization Service

Good Law
56 F. App'x 337
United States Court of Appeals for the Ninth CircuitFebruary 13, 2003No. 02-70917; INS No. A75-247-060California273 words

Opinion

Lead Opinion

MEMORANDUM **

Adrian Ruiz-Garcia, a native and citizen of Mexico, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) affirming the immigration judge’s denial of his application for suspension of deportation. Because the transitional rules apply, Larita-Martinez v. INS, 220 F.3d 1092, 1095 (9th Cir.2000), we have jurisdiction under 8 U.S.C. § 1105a(a). We review de novo, id., and we dismiss the petition.

Although the record supports Ruiz-Garcia’s contention that the BIA erred by basing its decision on an incomplete record, see id. (holding that the due process requirement of a full and fair hearing requires the BIA to review all relevant evidence submitted in a case), Ruiz-Garcia presents this argument for the first time in *338 his petition for review. Accordingly, Ruiz-Gareia’s failure to exhaust this correctable procedural error precludes judicial review. See Sanchez-Cruz v. INS, 255 F.3d 775, 780 (9th Cir.2001) (Petitioner’s “failure to exhaust her administrative remedies on the issue of whether she was denied a full and fair hearing prevents us from exercising judicial review of this question.”); Flo-rez-de Solis v. INS, 796 F.2d 330, 335 (9th…

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