Calle

Calle v. Gonzales

Good Law
196 F. App'x 458
United States Court of Appeals for the Ninth CircuitAugust 1, 2006No. 04-76116California406 words

Opinion

Lead Opinion

MEMORANDUM **

Victor Camacho Calle and his wife Elizabeth Guerra Hernane, natives and citizens of Mexico, petition for review of an order of the Board of Immigration Appeals (“BIA”) affirming without opinion an immi *459 gration judge’s (“IJ”) order denying their applications for cancellation of removal. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We review de novo claims of constitutional violations in immigration proceedings. See Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the petitioners’ contentions that the IJ’s factual determinations are not supported by substantial evidence and that the petitioners were denied a full and fair hearing because they failed to raise these contentions before the BIA and thereby failed to exhaust their administrative remedies. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004) (explaining that this court lacks jurisdiction to review contentions not raised before the agency, including due process contentions that are procedural in nature).

The petitioners’ contention that the agency deprived them of due process by…

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