Villena-Orduna

Villena-Orduna v. Gonzales

Good Law
223 F. App'x 641
United States Court of Appeals for the Ninth CircuitFebruary 28, 2007No. 05-70843California356 words

Opinion

Lead Opinion

MEMORANDUM **

Aexandro Ruben Villena-Orduna, a native and citizen of Peru, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his applications for cancellation of removal, asylum, withholding of removal and protection under the Convention Against Torture (“CAT”). To the extent we have jurisdiction, we review the agency’s factual findings for substantial evidence, Lata v. INS, 204 F.3d 1241, 1244 (9th Cir.2000), and review due process claims de novo, 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 Villena-Orduna’s contention that the IJ violated his due process rights by denying him a full and fair hearing because he failed to raise it before the BIA. See Barron v. *642 Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (holding that due process challenges that are “procedural in nature” must be exhausted).

We also lack jurisdiction to review the agency’s discretionary determination that Villena-Orduna failed to show exceptional and extremely unusual hardship to a qualifying relative. See…

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.