Rivera

Rivera v. Gonzales

Good Law
229 F. App'x 484
United States Court of Appeals for the Ninth CircuitApril 23, 2007No. 05-70397California374 words

Opinion

Lead Opinion

MEMORANDUM **

Alma Delia Rivera and Mario Arturo Rivera-Arevalo, husband and wife and natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order affirming without opinion an immigration judge’s (“IJ”) decision denying Alma Rivera’s application for withholding of removal and Mario RiveraArevalo’s application for cancellation of removal. To the extent we have jurisdiction it is pursuant to 8 U.S.C. § 1252 . We dismiss in part and grant in part the petition for review, and remand on the issue of voluntary departure.

Alma Rivera contends that the IJ abused his discretion and denied due process when he found her ineligible for withholding of removal. We lack jurisdiction to consider this contention because she did not challenge the denial of withholding or allege any denial of due process before the BIA and thereby failed to exhaust her 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 and that due process challenges that are “procedural in nature” must be exhausted).

Mario Rivera-Arevalo contends the IJ denied…

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