Terrazas-Jimenez

Terrazas-Jimenez v. Gonzales

Good Law
182 F. App'x 642
United States Court of Appeals for the Ninth CircuitMay 11, 2006No. 04-74647California459 words

Opinion

Lead Opinion

MEMORANDUM **

Carmen Terrazas-Jimenez (“Terrazas”), a native and citizen of Mexico, petitions for review of a decision of the Board of Immigration Appeals (“BIA”), dismissing his appeal from the decision of the Immigration Judge (“IJ”). Pursuant to 8 U.S.C. § 1252 (a)(2)(B)(i), we “lack jurisdiction to review the IJ’s subjective, discretionary determination that [Terrazas] did not demonstrate ‘exceptional and extremely unusual hardship’ under 8 U.S.C. § 1229b(b)(1)(D).’” 1 Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005). We retain jurisdiction over Terrazas’ due process claims, id.; however, we lack jurisdiction over Terrazas’ claim of IJ bias because he failed to raise it before the BIA. See 8 U.S.C. § 1252 (d)(1) (stating that a court may review a final order of removal only if the alien has exhausted all administrative remedies); Sanchez-Cruz v. INS, 255 F.3d 775, 779-80 (9th Cir.2001) (concluding that, although the petitioner’s allegation of IJ bias presented a colorable due process claim, the claim was precluded by her failure to present it to the BIA).

We reject Terrazas’ contention that the IJ violated his due process rights by issuing a boilerplate decision.…

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.