Valdovinos
Valdovinos v. Mukasey
Opinion
lead Opinion
MEMORANDUM **
Jose Angel Sanchez Valdovinos and Adela Pino Ramirez, husband and wife and natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying then* motion to reconsider and the former Legalization Appeals Unit’s (“LAU”) order dismissing Sanchez Valdovinos’ appeal from the denial of his Special Agricultural Worker (“SAW’) application. Our jurisdiction is governed by 8 U.S.C. § 1252 . We deny in part and dismiss in part the petition for review.
We reject as unpersuasive Sanchez Valdovinos’ contention that the BIA lacked jurisdiction over his motion to reconsider.
Sanchez Valdovinos contends his due process rights were violated because the government mailed two SAW notices to an outdated address. However, because Sanchez Valdovinos concedes he received the Notice of Intent to Deny, and the record shows his attorney filed a timely Notice of Appeal from the Notice of Decision, Sanchez Valdovinos’ failure to raise this contention to the LAU deprives us of jurisdiction to review it. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (due process challenges that are “procedural in nature” must be exhausted).