Martinez-Castillo

MEMORANDUM **

Petitioner Cruz Martinez-Castillo petitions for review of the affirmance by the Board of Immigration Appeals (“BIA”) of a decision by an immigration judge denying the petition for cancellation of removal.

Because Martinez-Castillo raises a colorable issue of violation of his due process rights, we have jurisdiction over the due process claim raised in the petition for review. Ramirez-Alejandre v. Ashcroft, 319 F.3d 365, 377 (9th Cir.2003) (en banc); Torres-Aguilar v. INS, 246 F.3d 1267, 1270-71 (9th Cir.2001).

However, we do not have appellate jurisdiction over his petition for review insofar as it seeks review of the IJ’s adverse credibility findings because Martinez-Castillo failed to raise that issue before the BIA. Failure to exhaust administrative remedies on an issue prevents this court from exercising judicial review of the question. Sanchez-Cruz v. INS, 255 F.3d 775, 780 (9th Cir.2001).

Although Martinez-Castillo claimed in his appeal before the BIA that the IJ violated Martinez-Castillo’s due process rights and denied him his right to a full *169 and fair hearing by an impartial judge, the BIA did not address these claims in its decision. “[T]he BIA errs…