Velazquez

Velazquez v. Ashcroft

Good Law
103 F. App'x 142
United States Court of Appeals for the Ninth CircuitJune 24, 2004No. 02-72868California345 words

Opinion

Lead Opinion

MEMORANDUM **

Rafael Carrillo-Velasquez and his wife Beatriz Carrillo, natives and citizens of Mexico, petition for review of a Board of Immigration Appeals’ (“BIA”) decision summarily affirming an immigration judge’s (“IJ”) decision allowing the withdrawal of their applications for cancellation of removal and granting their request for voluntary departure. We lack jurisdiction over the petitioners’ contentions that they were defrauded by a notario and that they received insufficient notice of the denial of their Special Agricultural Workers application because they failed to administratively exhaust either issue. See Barron v. Ashcroft, 358 F.3d 674, 677 (9th Cir.2004).

*144 We have jurisdiction over the remainder of the petition under 8 U.S.C. § 1252 . We review de novo claims of due process violations in removal proceedings. See Taha v. Ashcroft, 362 F.3d 623, 626 (9th Cir.2004). We dismiss in part and deny in part the petition.

The petitioners were not prejudiced by their attorney’s decision to waive their right to appeal because the BIA considered and rejected their appeal on its merits. See Ramirez-Alejandre v. Ashcroft, 320 F.3d 858, 872 (9th Cir.2003) (en banc) (stating…

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