Hill

Hill v. Gonzales

Good Law
158 F. App'x 788
United States Court of Appeals for the Ninth CircuitDecember 8, 2005No. 04-70142California653 words

Opinion

Lead Opinion

MEMORANDUM *

Petitioner Irene Hill, a native of the Philippines and citizen of Canada, petitions for review of the Board of Immigration Appeals’ affirmance of an order of removal. The Immigration Judge (IJ) found Petitioner removable under 8 U.S.C. § 1227 (a)(1) (D) (i) for having entered into a qualifying marriage that was not bona fide under 8 U.S.C. § 1186a. We deny the petition.

Petitioner alleges that nine due process violations occurred in connection with her removal proceedings. This court lacks jurisdiction to hear seven of these claims. The eighth claim alleges facts that do not rise to the level of a due process violation. The ninth fails to show that Petitioner was prejudiced by the alleged due process violation. As to the first seven claims, six are procedural in nature and were not exhausted before the Board of Immigration Appeals. See Agyeman v. I.N.S., 296 F.3d 871, 877 (9th Cir.2002). The seventh claim involves a challenge to the IJ’s discretionary denial of voluntary departure, which is unreviewable by this court. See Gomez-Lopez v. Ashcroft, 393 F.3d 882, 883-84 (9th Cir.2005).

Petitioner’s eighth claim is that her due process rights were violated because the…

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