Habtemicael

Habtemicael v. Gonzales

Good Law
204 F. App'x 676
United States Court of Appeals for the Ninth CircuitNovember 28, 2006No. 05-75118California316 words

Opinion

Lead Opinion

MEMORANDUM *

Habtu Hagos Habtemicael petitions for review of the summary affirmance by the Board of Immigration Appeals (BIA) of the decision by the immigration judge (IJ) denying his application for a waiver of inadmissibility under INA § 209(c), 8 U.S.C. § 1159 (c), and ordering his exclusion and deportation. In addition, Habtemicael seeks review of subsequent proceedings before the United States Citizenship and Immigration Services (USCIS) regarding his request for a waiver of inadmissibility under INA § 212(h), 8 U.S.C. § 1182 (h). We lack jurisdiction to review proceedings that are independent of the final order of removal, and dismiss the petition insofar as it pertains to what happened before the USCIS. See 8 U.S.C. § 1252 (a)(1), (9). Otherwise, we deny the petition.

Habtemicael first suggests that we take judicial notice of events outside the *678 administrative record before the IJ or the BIA, but we decline to do so as we must decide the petition only on the record on which the order of removal is based.

At oral argument Habtemicael abandoned any argument that the IJ denied him due process by neglecting to inform him of the possibility of an application for…

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.