Reyes-Palacios

Reyes-Palacios v. Ashcroft

Good Law
76 F. App'x 180
United States Court of Appeals for the Ninth CircuitSeptember 22, 2003No. 02-72216; Agency No. A75-204-882California388 words

Opinion

Lead Opinion

MEMORANDUM **

Nixon Reyes-Palacios petitions for review of a Board of Immigration Appeals’ (“BIA”) order affirming an Immigration Judge’s (“U”) determination that he was ineligible for asylum or withholding of removal. We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the IJ’s determination that Reyes-Palacios failed to file his asylum application within one year of his arrival in the United States as required by 8 U.S.C. § 1158 (a)(2)(B). See Hakeem v. INS, 273 F.3d 812, 815 (9th Cir.2001). Furthermore, Reyes-Palacios’s ineffective assistance of counsel claim is the type of administratively-correctable procedural error which the BIA can competently address, see Liu v. Waters, 55 F.3d 421, 426 (9th Cir.1995), and so he should have exhausted the issue by presenting it to the BIA, see Ontiveros-Lopez v. INS, 213 F.3d 1121, 1124 (9th Cir.2000). Accordingly, we also lack jurisdiction to review Reyes-Palacios’s contention that his due process rights were violated by ineffective assistance of counsel. See Sanchez-Cruz v. INS, 255 F.3d 775, 780 (9th Cir.2001) (holding this court lacked jurisdiction to review unexhausted due process claim).

We…

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