Ortiz

Ortiz v. Gonzales

Good Law
167 F. App'x 615
United States Court of Appeals for the Ninth CircuitFebruary 16, 2006No. 04-75707California302 words

Opinion

Lead Opinion

MEMORANDUM **

Sara Elena Ortiz, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) order denying her application for cancellation of removal. To the extent we have jurisdiction, it is pursuant to 8 U.S.C. § 1252 . We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the IJ’s discretionary determination that Ortiz has failed to demonstrate the requisite “exceptional and extremely unusual hardship” for cancellation of removal. See Romero-Torres v. Ashcroft, 327 F.3d 887, 890 (9th Cir.2003).

Ortiz contends that the IJ violated her due process rights when he failed to hold a new hearing to permit her to present additional evidence of hardship to supplement the evidence she had provided four years earlier. We are without jurisdiction to review this argument because Ortiz failed to raise it before the BIA and thereby failed to exhaust her administrative remedies. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (noting that due process challenges that are “procedural in nature” must be exhausted).

We also lack jurisdiction to…

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