Magana-Claudio

Magana-Claudio v. Gonzales

Good Law
234 F. App'x 704
United States Court of Appeals for the Ninth CircuitJune 20, 2007No. 06-71557California663 words

Opinion

Lead Opinion

MEMORANDUM *

Petitioner Mauricio De Jesus Magana-Claudio, a native and citizen of El Salvador, entered the United States without inspection and subsequently obtained legal permanent resident status. 1 He now petitions for review of a final order of removal and of the decision of the Board of Immigration Appeals (BIA) affirming without opinion the decision of the Immigration Judge (IJ). The IJ (1) found that petitioner is removable under 8 U.S.C. § 1227 (a)(2)(B)(i) based on his conviction for a controlled substance offense; (2) found that petitioner was also removable under 8 U.S.C. § 1227 (a)(2)(E)(i) based on his conviction for a “stalking” offense; (3) exercised his discretion to deny petitioner’s application for cancellation of removal; and (4) ordered petitioner removed to El Salvador. We dismiss the petition for lack of jurisdiction under 8 U.S.C. § 1252 (d)(1).

In the immigration context, exhaustion of administrative remedies is a statutory prerequisite to review in the courts of appeals. See 8 U.S.C. § 1252 (d)(1) (“A court may review a final order of removal only if ... the alien has exhausted all administrative remedies available to the alien as of right.”); Barron v.…

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