Sanchez-Cardenas

Sanchez-Cardenas v. Gonzales

Good Law
227 F. App'x 580
United States Court of Appeals for the Ninth CircuitMarch 30, 2007No. 05-72592California505 words

Opinion

Lead Opinion

MEMORANDUM **

Antonio Sanchez-Cardenas (“Petitioner”) petitions for review the Board of Immigration Appeals’s (“BIA”) denial of his motion to remand and its affirmance of the Immigration Judge’s (“U”) order of removal and denial of his motion to suppress. Because the facts are known to the parties, we do not review them here.

Because Petitioner raises them for the first time on appeal to this court, we do not have jurisdiction to consider whether the IJ’s alleged procedural errors in failing to hold evidentiary hearings violated Petitioner’s rights under the Fifth Amendment and 8 U.S.C. § 1229a(b)(4)(B). See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004). For the same reason, we cannot consider his argument that the IJ’s reliance on the 1-213 violated his confrontation rights under the Fifth Amendment and 8 U.S.C. § 1229a(b)(4)(B). See id.

Petitioner argues that the BIA abused its discretion in denying his motion to remand for entry of an order in conformity with 8 U.S.C. § 1229a(c)(1)(A) and 8 C.F.R. §§ 1003.37 (a), 1240.12(a). The BIA held that the IJ’s one-sentence removal order “must be read in conjunction with” the earlier order finding Petitioner removable. Cf. 8…

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