Cruz

Cruz v. Gonzales

Good Law
218 F. App'x 643
United States Court of Appeals for the Ninth CircuitJanuary 17, 2007No. 05-74962California230 words

Opinion

Lead Opinion

MEMORANDUM **

Armando Hernandez Cruz, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“U”) decision denying his application 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 due process violations in immigration proceedings. See Sanchez-Cruz v. INS, 255 F.3d 775, 779 (9th Cir.2001). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review Hernandez Cruz’s contention that the IJ applied the wrong standard because he failed to raise that issue before the BIA and thereby failed to exhaust his administrative remedies. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (explaining that this court lacks jurisdiction to review contentions not raised before the agency).

Contrary to Hernandez Cruz’s contention, the agency’s interpretation of the *644 hardship standard falls within the broad range authorized by the statute. See Ramirez-Perez v. Ashcroft, 336 F.3d 1001, 1004-06 (9th Cir.2003).

We are not persuaded that Hernandez Cruz’s removal results in the…

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