Diaz

MEMORANDUM ***

Enrique J. Diaz, a native and citizen of Mexico, petitions for review of the BIA’s decision summarily affirming the IJ’s denial of his application for cancellation of removal and adjustment of status pursuant to INA § 240A, 8 U.S.C. § 1229 (b). We affirm.

Diaz argues the BIA erred in affirming the IJ’s conclusion that his deceased child did not meet the definition contained in INA § 240A(b), 8 U.S.C. § 1229b(b), of a “child” who would experience “exception and extremely unusual hardship” due to his deportation. Diaz never raised this issue before the BIA. Accordingly, we have no jurisdiction to address it. Farhoud v. INS, 122 F.3d 794, 796 (9th Cir.1997) (“Failure to raise an issue below constitutes failure to exhaust administrative remedies and deprives this court of jurisdiction to hear the matter.”).

The other issue raised by Diaz is that he was denied due process in his removal hearing because the BIA failed to inform him that one of his attorneys had been suspended from practice before the Board during the pendency of his removal proceedings. 1 Although Diaz cites to cases such as United States v. Ahumada-Aguilar, 295 F.3d 943, 947 (9th Cir.2002) (Congress…