Maerker

Maerker v. Ashcroft

Good Law
118 F. App'x 258
United States Court of Appeals for the Ninth CircuitDecember 14, 2004No. 03-71483, A74-408-521California793 words

Opinion

Lead Opinion

MEMORANDUM **

Hans Wolfe Maerker, a citizen of Germany, petitions pro se for review of the Board of Immigration Appeals’s (“BIA’s”) March 13, 2003 decision to deny his application for a “good faith” marriage waiver under § 216(c)(4)(B) of the Immigration and Nationality Act. See 8 U.S.C. § 1186a(c)(4)(B). We have jurisdiction over the petition pursuant to 8 U.S.C. § 1252 (a). We deny the petition for review.

Because Maerker failed to exhaust his administrative remedies with regard to his substantive challenge to the Immigration Judge’s (“IJ’s”) denial of his § 216(c)(4)(B) waiver application, we lack subject matter jurisdiction over that issue and our review is limited to Maerker’s jurisdictional challenge. 8 U.S.C. § 1252 (d)(1); see Barron v. Ashcroft, 358 F.3d 674, 676-77 (9th Cir.2004). Maerker argues that the IJ lacked jurisdiction to properly consider the petition to remove conditions of residence because the Immigration and Naturalization Service (“INS”) 1 failed to give proper notice of its intent to deny his waiver application and failed to give him the opportunity to rebut any adverse evidence pursuant to 8 C.F.R. § 103.2 (b)(16)(i) and 8 C.F.R. § 216.3 (a).

After…

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