Garcia-Castillo

Garcia-Castillo v. Gonzales

Good Law
133 F. App'x 411
United States Court of Appeals for the Ninth CircuitMay 27, 2005No. 03-73908; Agency No. A75-176-604California541 words

Opinion

Lead Opinion

MEMORANDUM ***

Rodolfo Garcia-Castillo, a native and citizen of Mexico, appeals the Board of Immigration Appeals’ summary affirmance of the Immigration Judge’s determinations, which rescinded Garcia’s lawful permanent resident status, denied him adjustment of status, and ordered him removed. We dismiss the petition in part and deny it in part.

(1) Garcia first argues that his crime was not one of domestic violence because it was not clear that his relationship with the victim was a domestic one. However, because he did not raise that issue before the BIA, we lack jurisdiction to consider it. See Zara v. Ashcroft, 383 F.3d 927 , 930—31 (9th Cir.2004); Cortez-Acosta v. INS, 234 F.3d 476, 480 (9th Cir.2000) (per curiam); Mabugat v. INS, 937 F.2d 426, 430 (9th Cir.1991); Vargas v. INS, 831 F.2d 906 , 907—08 (9th Cir.1987).

(2) Garcia also argues that his due process rights were violated because the IJ’s decision was not based upon sufficient evidence. He did not raise that issue before the BIA either. Thus, we also lack jurisdiction to consider that issue.

(3) Finally, Garcia asserts that 8 U.S.C. § 1182 (h) violates his right to equal protection of the law because it imposes a…

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