Ruiz-Figueroa

Ruiz-Figueroa v. Gonzales

Good Law
168 F. App'x 143
United States Court of Appeals for the Ninth CircuitFebruary 21, 2006No. 04-70169California321 words

Opinion

Lead Opinion

*144 MEMORANDUM **

Cinoti Ruiz-Figueroa, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ summary affirmance of an immigration judge’s denial of his application for cancellation of removal on the ground that he failed to satisfy the continuous physical presence requirement under 8 U.S.C. § 1229b(b)(l)(A). We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition for review.

Ruiz-Figueroa contends that the Board violated his right to due process when it affirmed the immigration judge’s finding that his voluntary departure in 1999 constituted a break in his continuous physical presence because the immigration judge did not sufficiently develop the record. We lack jurisdiction to consider this issue because Ruiz-Figueroa did not raise it before the Board and thus failed to exhaust administrative remedies. See 8 U.S.C. § 1252 (d)(1).

Ruiz-Figueroa also contends that the immigration judge’s finding was not supported by substantial evidence because the record does not show that his departure was under threat of deportation or removal, as required by Vasquez-Lopez v. Ashcroft, 343 F.3d 961, 972 (9th Cir.2003) (per curiam). His…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.