Sevilla

Sevilla v. Ashcroft

Good Law
91 F. App'x 607
United States Court of Appeals for the Ninth CircuitMarch 24, 2004No. 02-71476California267 words

Opinion

Lead Opinion

*608 MEMORANDUM ***

Simon Gonzalez Sevilla and Maria Dolores Ramon Sevilla petition for review of the Board of Immigration Appeals’ denial of their application for suspension of deportation. 1 They claim that they are entitled to relief because the BIA did not notify them of the possibility of asking for “repapering” pursuant to the Illegal Immigration Reform and Immigrant Responsibility Act, § 309(c)(3), Pub.L. 104-208, 110 Stat. at 3009-626 and the proposed regulations thereunder. See Delegation of Authority to the Immigration and Naturalization Service To Terminate Deportation Proceedings and Initiate Removal Proceedings, 65 Fed.Reg. 71,273 (proposed Nov. 30, 2000) (to be codified at 8 C.F.R. §§ 240.80-82 ). We dismiss the petition.

Whatever the merits of their claim might be, an issue on which we do not opine, the fact remains that we lack jurisdiction over it because they never presented it to the BIA. See 8 U.S.C. § 1105a(c) (1994); Liu v. Waters, 55 F.3d 421, 425-26 (9th Cir.1995); Rashtabadi v. INS, 23 F.3d 1562, 1567 (9th Cir.1994); Vargas v. U.S. Dept. of Immigration & Naturalization, 831 F.2d 906, 907-08 (9th Cir.1987); see also 8 U.S.C. § 1252 (d). Thus, we are…

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